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Case T-717/18: Action brought on 5 December 2018 — B.D. v EUIPO — Philicon 97 (PHILIBON)
ECLI:EU:UNKNOWN:62018TN0717
62018TN0717
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11.2.2019
EN
Official Journal of the European Union
C 54/26
(Case T-717/18)
(2019/C 54/39)
Language of the case: English
Parties
Applicant: B.D. — Boyer Developpement (Moissac, France) (represented by: E. Junca, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Philicon 97 AD (Plovdiv, Bulgaria)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark PHILIBON — European Union trade mark No 9 690 041
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 10 October 2018 in Case R 375/2018-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the decision of the Cancellation Division of 21 December 2017;
—order EUIPO to pay the costs.
Pleas in law
—The Board of Appeal applied the provisions of Regulation 2017/1001, which was not in force on the date of the cancellation request submitted to EUIPO. The Chamber failed to comply with the conditions laid down in Article 8(5) in conjunction with Article 53 of Regulation 207/2009;
—Infringement of Article 8(2)(c) of Regulation 207/2009.