EN

Official Journal of the European Union

C 178/29

(Case T-214/17)

(2017/C 178/43)

Language in which the application was lodged: English

Parties

Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt, V. Töbelmann and A. Zarm, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other parties to the proceedings before the Board of Appeal: Frédéric Dubois (Lasne, Belgium) and MFunds USA LLC (Miami Beach, Florida, United States)

Details of the proceedings before EUIPO

Proprietors of the trade mark at issue: Other parties to the proceedings before the Board of Appeal

Trade mark at issue: EU word mark ‘FUNNY BANDS’ — EU trade mark No 9 350 794

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of EUIPO of 20/01/2017 in Case R 1081/2016-2)

Form of order sought

The applicant claims that the Court should:

—overturn the contested decision;

—declare the EU trade mark No 009 350 794‘FUNNY BANDS’ invalid pursuant to Articles 52(1)(a), 7(1)(b) and (c) EUTMR;

—order EUIPO to pay its own costs as well as the costs of the applicant;

—in the event that the EUTM Proprietors join in these proceedings as an intervening party, order it to bear its own costs.

Plea in law

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