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Case T-122/17: Action brought on 22 February 2017 — Devin v EUIPO — Haskovo (DEVIN)
ECLI:EU:UNKNOWN:62017TN0122
62017TN0122
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18.4.2017
EN
Official Journal of the European Union
C 121/47
(Case T-122/17)
(2017/C 121/67)
Language in which the application was lodged: English
Parties
Applicant: Devin AD (Devin, Bulgaria) (represented by: B. Van Asbroeck, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Haskovo Chamber of Commerce and Industry (Haskovo, Bulgaria)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘DEVIN’ — EU trade mark No 9 408 865
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of EUIPO of 2 December 2016 in Case R 579/2016-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the Cancellation Division’s decision dated 29 January 2016 in the case No 9 559;
—entirely or at least partially reject the Cancellation Applicant’s application for invalidity of the EU trade mark ‘DEVIN’ No 9408865 for all the designated goods in class 32;
—order EUIPO to bear its own costs and pay those of the applicant.
Pleas in law
—Infringement of Article 52(1)(a) in conjunction with Article 7(1)(c) of Regulation No 207/2009;
—To the extent that the Board of Appeal has not infringed Article 7(1)(c), infringement of Article 7(3) of Regulation No 207/2009.