I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
(2019/C 263/73)
Language in which the application was lodged: Italian
Applicant: Itinerant Show Room Srl (San Giorgio in Bosco, Italy) (represented by: A. Visentin, M. Cartella and B. Cartella, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Forest Srl (Milan, Italy)
Applicant for the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark FAKE DUCK — Application for registration No 15 912 496
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 5 April 2019 in Case R 1117/2018-1
The applicant claims that the Court should:
—declare the action to be well founded for the reasons set out in the application and, accordingly;
—annul the contested decision;
—order EUIPO to award EU trade mark No 015912496 also for Classes 18 and 25;
—order EUIPO to pay the costs.
—Infringement of Article 8(1)(b) of Regulation EU 2017/1001 of the European Parliament and of the Council;
—Failure to carry out an assessment of the actual ways the goods are purchased.