23.4.2018

EN

Official Journal of the European Union

C 142/51

(Case T-35/18)

(2018/C 142/68)

Language in which the application was lodged: Italian

Parties

Applicant: La Marchesiana Srl (Milan, Italy) (represented by: M. Franzosi, F. Santonocito and A. Sobol, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Marchesi Angelo Srl (Milan, Italy)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark MARCHESI consisting of seven brush strokes coloured orange, blue, yellow, red, green, black and violet — European Union trade mark No 4 187 159

Procedure before EUIPO: Application for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 14 November 2017 in joined Cases R 1753/2016-4 and R 1802/2016-4

Form of order sought

The applicant claims that the Court should:

—amend the contested decision and dismiss in its entirety Angelo Marchesi’s request for cancellation of EU trade mark No 4 187 159 for non-use;

—find, by way of variation of the contested decision, that EU trade mark No 4 187 159 was put to genuine use within the European Union during the reference period, pursuant to Article 58(1) EUTMR, in relation to goods/services in Classes 8 (Hand tools and implements, in particular kitchen utensils), 16 (Paper, cardboard, printed matter, books, magazines, artists’ materials, stationery, teaching material), 21 (Household or kitchen utensils and containers, cooking pots, plates, glasses, glassware, porcelain and earthenware), 29 (Foodstuffs of animal origin, preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats), 30 (Coffee and artificial coffee, tea, cocoa, sugar, rice, flour, bread, pasta, pastries, ices, additives for improving the flavour of the foods), 33 (Alcoholic beverages), as well as goods/services in Classes 30 (Coffee), 41 (Educational and training activities, training courses) and 43 (Providing of food and drink, services provided by businesses which undertake to obtain food and drink ready for consumption provided by bars, restaurants, self-service restaurants, canteens);

—in the alternative and by way of partial variation of the contested decision, dismiss the opponent’s application for cancellation of EU trade mark No 4 187 159 for non-use in relation to goods and services in Classes 30 (Coffee), 41 (Educational and training activities, training courses) and 43 (Providing of food and drink, services provided by businesses which undertake to obtain food and drink ready for consumption provided by bars, restaurants, self-service restaurants, canteens);

—order the unsuccessful party to pay the costs of these proceedings and both the preceding procedural stages.

Pleas in law

—Incorrect assessment of the evidence of use for the purpose of Article 58(1)(a) and Article 18(1) of Regulation No 2017/1001.