(Case T-231/18)

Language in which the application was lodged: English

Parties

Applicant: Et Djili Soy Dzhihangir Ibryam (Dulovo, Bulgaria) (represented by: C. Romiţan, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Victor Lupu (Bucharest, Romania)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark Djili — Application for registration No 15 497 662

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 31 January 2018 in Case R 1902/2017-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—reject Lupu Victor’s appeal;

—order the opponent and the appellant Lupu Victor to bear the costs of the proceedings.

Pleas in law

—The Board of Appeal erred in finding that there was an aural similarity between the signs;

—The Board of Appeal erred in finding that the conceptual comparison had no relevance in the case.