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Case T-754/16: Action brought on 2 November 2016 — Oakley v EUIPO — Xuebo Ye (Representation of a silhouette in the shape of an ellipse)
ECLI:EU:UNKNOWN:62016TN0754
62016TN0754
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Official Journal of the European Union
C 14/40
(Case T-754/16)
(2017/C 014/49)
Language in which the application was lodged: Spanish
Parties
Applicant: Oakley, Inc. (Foothill Ranch, California, United States) (represented by: E. Ochoa Santamaría and V. Rodríguez Pombo, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Xuebo Ye (Wenzhou, China)
Details of the proceedings before EUIPO
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union figurative mark (Representation of a silhouette in the shape of an ellipse) — Application for registration No 13 088 191
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 31/08/16 in Case R 2608/2015-4
Form of order sought
The applicant claims that the Court should:
—declare the application admissible together with all the associated documents and the corresponding copies;
—rule that the evidence offered may be submitted;
—grant the application, annulling the contested decision and refusing the application for registration of EU trade mark No 13 088 19, pursuant to Article 8(1)(b) and (5) of Regulation No 207/2009;
—order EUIPO to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) and (5) of Regulation No 207/2009.