21.1.2019

Official Journal of the European Union

C 25/46

(Case T-658/18)

(2019/C 25/59)

Language of the case: English

Parties

Applicant: Hästens Sängar AB (Köping, Sweden) (represented by: M. Johansson and R. Wessman, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: International registration designating the European Union in respect of the figurative mark in colours blue and white (Representation of a pattern of squares) — Application for registration No 1 340 047

Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 August 2018 in Case R 442/2018-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO to pay the costs.

Pleas in law

—Infringement of Article 94 and Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council on the grounds that the Board of Appeal has not made a proper examination, and/or has failed to state the reasons for its decision in relation to the different goods and services applied for;

—Infringement of Article 94, Article 95 and Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council on the grounds that the subject trade mark is not a repeated pattern or a three-dimensional mark;

—Erroneous assessment of the relevant underlying public interest constituting infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council since the Board of Appeal has made an incorrect assessment as regards inherent distinctiveness.