14.5.2018

EN

Official Journal of the European Union

C 166/34

(Case T-136/18)

(2018/C 166/44)

Language in which the application was lodged: French

Parties

Applicant: Kuota International Corp. Ltd (British Virgin Islands) (represented by: C. Herissay Ducamp, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Sintema Sport Srl (Albiate, Italy)

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: European Union figurative trade mark K — European Union trade mark No 11 380 771

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 15 December 2017 in Case R 3111/2014-1

Form of order sought

The applicant claims that the Court should:

—hold and rule that the present action is admissible;

—annul the contested decision in so far as it found that the applicant did not provide evidence of bad faith and held that the action seeking a declaration of invalidity based on Article 59(1)(b) of the EUTMR may not be allowed;

—declare European Union trade mark No 11 380 771 invalid on the basis of Article 59(1)(b) of the EUTMR;

—order EUIPO to pay the costs.

Plea in law

—Infringement of Article 59(1)(b) of Regulation No 2017/1001.