11.3.2019

EN

Official Journal of the European Union

C 93/75

(Case T-36/19)

(2019/C 93/97)

Language in which the application was lodged: German

Parties

Applicant: PE Digital GmbH (Hamburg, Germany) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Spark Networks Services GmbH (Berlin, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark ElitePartner — EU trade mark No 5 996 351

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 25 October 2018 in Case R 614/2017-1

Form of order sought

The applicant claims that the Court should:

—alter the contested decision to the effect that the ground for invalidity under Article 59(1)(a), in conjunction with Article 7(1)(b), of Regulation (EU) 2017/1001 does not preclude the contested EU trade mark;

—in the alternative, annul the contested decision;

—order the defendant and also, with regard to its intervention, the other party in the proceedings before the Board of Appeal to pay the costs of the proceedings, including the applicant’s costs.

Pleas in law

—Infringement of Article 59(1)(a), in conjunction with Article 7(1)(b), of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 94(1), first sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council.