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Case T-398/16: Action brought on 26 July 2016 — Starbucks v EUIPO — Nersesyan (COFFEE ROCKS)
ECLI:EU:UNKNOWN:62016TN0398
62016TN0398
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12.9.2016
EN
Official Journal of the European Union
C 335/50
(Case T-398/16)
(2016/C 335/66)
Language in which the application was lodged: English
Parties
Applicant: Starbucks Corp. (Seattle, Washington, United States) (represented by: I. Fowler, Solicitor and J. Schmitt, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Hasmik Nersesyan (Borgloon, Belgium)
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 ‘COFFEE ROCKS’ — Application for registration No 11 881 943
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 24 May 2016 in Case R 559/2015-4
Form of order sought
The applicant claims that the Court should:
—annul the decision given by the Office on 24 May 2016 in Case R 559/2015-4; and
—order that the costs of the proceedings be borne by the defendant, or — in the event that the other party intervenes — that they be borne jointly by the defendant and the intervener.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 8(5) of Regulation No 207/2009.