Official Journal of the European Union

C 256/36

(Case T-372/17)

(2017/C 256/40)

Language in which the application was lodged: English

Parties

Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Bee Fee Group LTD (Nicosia, Cyprus)

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 figurative mark in black, red and white containing the word elements ‘LV POWER ENERGY DRINK’ — EU trade mark No 12 898 219

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 March 2017 in Case R 906/2016-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and thus declare invalid the contested mark;

—order EUIPO to pay the costs incurred by the applicant during these proceedings;

—order the proprietor to pay the costs incurred by the applicant during these proceedings.

Pleas in law

—Infringement of Article 8(5) of Regulation No 207/2009;

—Infringement of Article 75 of Regulation No 207/2009 and of the principle of legal certainty.