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Case T-63/17: Action brought on 1 February 2017 — Grupo Orenes v EUIPO — Akamon Entertainment Millenium (Bingo VIVA! Slots)
ECLI:EU:UNKNOWN:62017TN0063
62017TN0063
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27.3.2017
Official Journal of the European Union
C 95/23
(Case T-63/17)
(2017/C 095/31)
Language in which the application was lodged: Spanish
Parties
Applicant: Grupo Orenes, SL (Murcia, Spain) (represented by: M. Sanmartín Sanmartín, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Akamon Entertainment Millenium, SL (Barcelona, Spain)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union figurative mark containing the word elements ‘Bingo VIVA! Slots’ — Application for registration No 13 468 251
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 November 2016 in Case R 453/2016-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to bear its own costs and pay the applicant’s costs.
Pleas in law
—Infringement of Articles 64, 75, 76 of Regulation No 207/2009 read in conjunction, where appropriate, with Article 8(1)(b) of that regulation and Rules 50 and 52 of Regulation 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark and also the case-law of the Court of Justice interpreting all those provisions.
—Failure to make a proper overall comparison of the signs.