25.2.2019

EN

Official Journal of the European Union

C 72/39

(Case T-761/18)

(2019/C 72/50)

Language in which the application was lodged: Spanish

Parties

Applicant: Fundación bancaria caixa d’estalvis i pensions de Barcelona La Caixa (Palma de Mallorca, Spain) (represented by: I. Valdelomar Serrano, P. Román Maestre, D. Liern Cendrero, D. Gabarre Armengol and J. Rodriguez Fuensalida, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Imagic Vision, SL (Madrid, Spain)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark imagin bank — Application for registration No 14 861 108

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 22 October 2018 in Case R 1954/2017-4

Form of order sought

The applicant claims that the Court should:

—Rule that the present action against the contested decision is admissible;

—Find that Article 8(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council was erroneously applied in that decision;

—Grant protection in respect of all goods and services sought in the application for registration of European Union figurative trade mark No 14 861 108, ‘imagin bank’, in Classes 9, 36 and 38;

—Order the defendant to pay the costs associated with these proceedings, including the representation costs incurred by the applicant.

Plea in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.