Official Journal of the European Union

C 256/39

(Case T-379/17)

(2017/C 256/45)

Language in which the application was lodged: English

Parties

Applicant: Tengelmann Warenhandelsgesellschaft KG (Mülheim an den Ruhr, Germany) (represented by: H. Prange and S. Köber lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: C & C IP Sàrl (Luxembourg, Luxembourg)

Details of the proceedings before EUIPO

Applicant: Applicant

Trade mark at issue: EU figurative mark containing the word element ‘T’ — Application for registration No 011 623 097

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 March 2017 in Case R 415/2015-5

Form of order sought

The applicant claims that the Court should:

—set aside the Decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (Trade Marks and designs) (‘EUIPO’) of 23 March 2017 in the appeal No R 415/2015-5 concerning the opposition proceedings No B 002 256 702 regarding European Union Trade Mark Application No 011 623 097, which was received by the applicant on 12 April 2017, and to amend it to the effect that the opposition is rejected in its entirety;

—order the defendant and, as the case may be, the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including the costs of the appeal proceedings.

Plea in law

—Infringement of Article 8(1)(b) of Regulation No 207/2009.