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Case T-438/16: Action brought on 5 August 2016 — Altunis v EUIPO — Hotel Cipriani (CIPRIANI)
ECLI:EU:UNKNOWN:62016TN0438
62016TN0438
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Valentina R., lawyer
19.9.2016
EN
Official Journal of the European Union
C 343/48
(Case T-438/16)
(2016/C 343/66)
Language in which the application was lodged: Italian
Parties
Applicant: Altunis-Trading, Gestão e Serviços, Lda (Funchal, Portugal) (represented by: A. Vanzetti, S. Bergia and G. Sironi, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Hotel Cipriani Srl (Venice, Italy)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: International registration of the word mark ‘CIPRIANI’ designating the European Union — International registration No 1 127 870 designating the European Union
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 7 June 2016 in Case R 1889/2015-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—reject the opposition filed by Hotel Cipriani s.r.l.; or
—remit the proceedings to EUIPO in order for it to rule in compliance with the judgment to be delivered;
—order full reimbursement of the costs of the present proceedings, including those of the previous procedural stages before EUIPO, in favour of Altunis.
Pleas in law
—Infringement of Articles 15, 42(2) and 8(1)(b) of Regulation No 207/2009 and of Rule 23(3) of Regulation No 2868/95 in relation to genuine use of the mark of Hotel Cipriani;
—Infringement of Article 8(1)(b) of Regulation No 207/2009 in relation to the assessment of the similarity between goods and services and the resulting assessment of the likelihood of confusion.