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Case T-724/17: Action brought on 17 October 2017 — The Vianel Group v EUIPO — Viania Dessous (VIANEL)
ECLI:EU:UNKNOWN:62017TN0724
62017TN0724
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15.1.2018
EN
Official Journal of the European Union
C 13/21
(Case T-724/17)
(2018/C 013/35)
Language in which the application was lodged: English
Parties
Applicant: The Vianel Group LLC (Dover, Delaware, United States) (represented by: V. Perrichon, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Viania Dessous GmbH (Mössingen, Germany)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant
Trade mark at issue: International registration designating the European Union in respect of the word mark ‘VIANEL’ — Application for registration No 1 181 484
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 14 July 2017 in Case R 285/2017-5
Form of order sought
The applicant claims that the Court should:
—uphold the applicant’s application;
—annul the contested decision;
—order the Opponent to pay the Applicant’s costs of this Application and the proceedings before the Office.
Plea in law
—The Board of Appeal infringed the applicable provisions of the European Trade Mark Regulation when it assessed the relevance of the evidence of use filed by the opponent, the similarity of the goods and of the signs in question, and the risk of confusion.