29.1.2018

Official Journal of the European Union

C 32/46

(Case T-796/17)

(2018/C 032/61)

Language in which the application was lodged: English

Parties

Applicant: Mouldpro ApS (Ballerup, Denmark) (represented by: W Rebernik, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Wenz Kunststoff GmbH & Co. KG (Lüdenscheid, Germany)

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: EU word mark ‘MOULDPRO’ — EU trade mark No 10 022 317

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 16 October 2017 in Case R 2153/2015-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO to pay the costs, including the costs of the proceedings before the Board of Appeal.

Pleas in law

—Unlawful registration by an agent or representative, CTMR article 51(1)(b), in conjunction with article 8(3);

—Earlier non registered trademark rights used in the course of trade CTMR article 53(1)(c), in conjunction with article 8(4);

—The EUTM was applied in bad faith by the proprietor CMTR article 52(1)(b).