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Case T-647/17: Action brought on 22 September 2017 — Serendipity and Others v EUIPO — CKL Holdings (CHIARA FERRAGNI)

ECLI:EU:UNKNOWN:62017TN0647

62017TN0647

September 22, 2017
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Official Journal of the European Union

C 392/38

(Case T-647/17)

(2017/C 392/47)

Language in which the application was lodged: Italian

Parties

Applicant: Serendipity Srl (Milan, Italy), Giuseppe Morgese (Barletta, Italy), Pasquale Morgese (Barletta) (represented by: C. Volpi and L. Aliotta, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: CKL Holdings NV (CV Bussum, Netherlands)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word elements ‘CHIARA FERRAGNI’ in black and sky blue — Registration application No 14 346 795

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 17 July 2017 in Case R 2444/2016-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order EUIPO to pay the costs.

Pleas in law

Seniority of earlier European Union trade mark No 011841582 ‘Chiara Ferrangni’ filed on 25 June 2013, registered on 10 October 2013;

Incorrect comparison of the marks at issue;

Incorrect global assessment of the likelihood of confusion.

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