30.3.2020

Official Journal of the European Union

C 103/32

(Case T-44/20)

(2020/C 103/46)

Language in which the application was lodged: French

Parties

Applicant: Chanel (Neuilly sur-Seine, France) (represented by: J. Passa, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Huawei Technologies Co. Ltd (Shenzhen, China)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for the EU figurative mark (Representation of a circle containing two interlaced curves) — Application for registration No 17 248 642

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 28 November 2019 in Case R 1041/2019-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in so far as it considered that the signs at issue, in the position in which they appear in the application for registration, are not similar;

—annul the decision in so far as it refused as a matter of principle to compare those signs where the sign, covered by the application for registration at issue, was rotated 90 degrees compared to the direction in which it appeared in the application for registration;

—order EUIPO to pay the costs.

Pleas in law

—Infringement of article 8(1)(b) and (5) of Regulation (EU) 2017/1001 of the European Parliament and the Council.