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Case T-565/17: Action brought on 18 August 2017 — CheapFlights International v EUIPO — Momondo Group (Cheapflights)
ECLI:EU:UNKNOWN:62017TN0565
62017TN0565
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16.10.2017
EN
Official Journal of the European Union
C 347/45
(Case T-565/17)
(2017/C 347/59)
Language in which the application was lodged: English
Parties
Applicant: CheapFlights International Ltd (Speenoge, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Momondo Group Ltd (London, United Kingdom)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU figurative mark containing the word elements ‘Cheapflights’ — Application for registration No 3 485 349
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Grand Board of Appeal of EUIPO of 1 June 2017 in Case R 1893/2011-G
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and Momondo Group Limited, if it should intervene in these proceedings to bear the costs.
Pleas in law
—Infringement of Article 64(6) of Regulation No 207/2009;
—Infringement of Article 75 of Regulation No 207/2009;
—Infringement of Article 8(3) of Commission Regulation (EC) No 216/96;
—The contested decision is replete with statements which question or directly negate the validity of the Applicant’s trademarks. The contested decision is detrimental to the interests of the Applicant as proprietor of validly registered trade mark which are not even subject to the jurisdiction of the Defendant.