19.7.2021

EN

Official Journal of the European Union

C 289/52

(Case T-317/21)

(2021/C 289/70)

Language in which the application was lodged: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J. Rivas Zurdo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Brito & Pereira (Vizela, Portugal)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for registration of the EU figurative mark TINTAS BRICOR — Application for registration No 17 944 336

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 26 March 2021 in Case R 882/2020-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in that, by dismissing the appeal brought by the opponent, it confirms the decision of the Opposition Division handed down in opposition proceedings B 3 070 825, granting EU trade mark No 17 944 336 TINTAS BRICOR (figurative) for certain goods and services in Classes 2 and 35;

—order the party or parties opposing this action to pay the costs.

Pleas in law

—Incorrect assessment of the proof of use of the marks relied on in support of the opposition;

—Inconsistency in the statement of reasons on account of its incoherence or internal contradiction, with regard to what the applicant claims to be clear contradictions between paragraphs such as paragraphs 44, 45 and 46 and the final conclusion, in that the promotional, advertising and business management activity in respect of the BRICOR trade mark recognised in those paragraphs is denied in paragraph 56.