29.10.2018

Official Journal of the European Union

C 392/35

(Case T-522/18)

(2018/C 392/43)

Language of the case: English

Parties

Applicant: BGC Partners LP (New York, New York, United States) (represented by: P. Walsh, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Bankgirocentralen BGC AB (Stockholm, Sweden)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark AUREL BGC — Application for registration No 11 092 707

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 June 2018 in Case R 2194/2014-5.

Form of order sought

The applicant claims that the Court should:

—annul the contested decision, in so far as the Board of Appeal determined that the application should be rejected for specific services in classes 35 and 36;

—order EUIPO and the intervener to pay the costs incurred by the applicant in the present proceedings;

—alter the contested decision with regard to the order for costs and order, pursuant to Article 134(1) of the Rules of Procedure of the General Court, the unsuccessful intervener to pay the costs incurred in the Board of Appeal and the opposition proceedings.

Pleas in law

—The Board of Appeal incorrectly found that evidence of use was sufficient to demonstrate genuine use of the mark;

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.