Official Journal of the European Union

C 279/30

(Case T-235/16)

(2016/C 279/44)

Language in which the application was lodged: English

Parties

Applicant: GP Joule PV GmbH & Co. KG (Reußenköge, Germany) (represented by: F. Döring, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Green Power Technologies, SL (Bollullos de la Mititación, Spain)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU figurative mark containing the word elements ‘GPTech’ — Application for registration No 12 593 869

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 9 February 2016 in Case R 848/2015-2

Form of order sought

The applicant claims that the Court should:

—alter the contested decision and reject the applicant’s trademark application No 12 593 869;

—as a conditional application, annul the contested decision.

Pleas in law

—Infringement of the Regulation No 207/2009 as the information requirements stated by Rule 17(4) of Regulation No 2868/95 which is dedicated to protect the opponent was not held applicable;

—Infringement of an essential procedural requirement as the procedure was unfair to the opponent pursuant to Article 6 of the Convention and Article 47 of the Charter of fundamental rights.

—Failure of the Office to inform the opponent that prerequisites as stated in Rule 20(1) of Regulation No 2868/95 were not fulfilled;

—Wrong application of Rule 76(2) of Regulation No 2868/95, as the procedure was unfair to the opponent in the light of deficiencies of the e-filing opposition form and of the information provided by the opposition division;

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