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Case T-355/17: Action brought on 2 June 2017 — Daico International v EUIPO — American Franchise Marketing (RoB)
ECLI:EU:UNKNOWN:62017TN0355
62017TN0355
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24.7.2017
EN
Official Journal of the European Union
C 239/70
(Case T-355/17)
(2017/C 239/81)
Language in which the application was lodged: English
Parties
Applicant: Daico International BV (Amsterdam, Netherlands) (represented by: M. Kassner, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: American Franchise Marketing Ltd (London, United Kingdom)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark ‘RoB’ — EU trade mark No 5 284 104
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of EUIPO of 9 March 2017 in Case R 1405/2016-2
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 75(1) of Regulation No 207/2009;
—Infringement of Rule 62(3) of Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark.