25.7.2016

EN

Official Journal of the European Union

C 270/48

(Case T-229/16)

(2016/C 270/55)

Language in which the application was lodged: Portuguese

Parties

Applicant: Duarte Pio De Bragança (Sintra, Portugal) (represented by: J. Sardinha, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Ordem de São Miguel da Ala (Lisbon, Portugal)

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: European Union figurative mark containing the word elements ‘quis ut deus’ — European Union trade mark No 005747936

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 February 2016 in Case R 621/2015-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and, therefore, declare the total invalidity, on the grounds of lack of genuine use, of the contested trade mark including with respect to the ‘signboards of metal’ goods belonging to Class 6;

—order EUIPO to pay the costs.

Plea in law

Infringement of Article 15(1) and Article 51(1)(a) and 51(2) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, [the present action] having been brought under Article 65 of Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs).