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Case T-872/16: Action brought on 9 December 2016 — repowermap v EUIPO — Repower (REPOWER)
ECLI:EU:UNKNOWN:62016TN0872
62016TN0872
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30.1.2017
EN
Official Journal of the European Union
C 30/58
(Case T-872/16)
(2017/C 030/67)
Language in which the application was lodged: French
Parties
Applicant: repowermap.org (Bern, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Repower AG (Brusio, Switzerland)
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: International registration designating the European Union word mark ‘REPOWER’ — International registration designating the European Union No 1 020 351
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Second decision (after revocation) of the Fifth Board of Appeal of EUIPO of 26 September 2016 in Case R 2311/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—alter the contested decision by declaring the mark at issue invalid in respect of all the goods and services not cancelled by the contested decision, with the exception of packaging and storage of goods (Class 39), arrangement of travel (Class 39) and fire extinguishers (Class 9);
—order EUIPO and Repower AG to pay the costs.
Pleas in law
—Infringement of Article 7(1)(c) Regulation No 207/2009;
—Infringement of Article 7(1)(b) of Regulation No 207/2009;
—Infringement of Article 75 of Regulation No 207/2009 in relation with Article 296 TFEU.