Official Journal of the European Union

C 104/55

(Case T-60/17)

(2017/C 104/77)

Language in which the application was lodged: English

Parties

Applicant: Safe Skies LLC (New York, New York, United States) (represented by: V. Schwepler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Travel Sentry, Inc. (Windermere, Florida, United States)

Details of the proceedings before EUIPO

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

Trade mark at issue: EU word mark ‘TSA LOCK’ — EU trade mark No 4 530 168

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 24 November 2016 in Case R 233/2016-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order the Defendant to pay the costs incurred in the proceedings before the court and to order the (potential) Intervener to pay the costs of the administrative proceedings before the Board of Appeal;

—set a date for an Oral Hearing for the case that findings of the General Court are not possible without an Oral Hearing.

Pleas in law

—Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) of Regulation No 207/2009;

—Infringement of Article 52(1)(a) in conjunction with Article 7(1)(c) of Regulation No 207/2009;

—Infringement of Article 52(1)(a) in conjunction with Article 7(1)(g) of Regulation No 207/2009.