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Case T-392/18: Action brought on 28 June 2018 — Innocenti v EUIPO — Gemelli (Innocenti)
ECLI:EU:UNKNOWN:62018TN0392
62018TN0392
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Valentina R., lawyer
(Case T-392/18)
Language in which the application was lodged: Italian
Parties
Applicant: Innocenti SA (Lugano, Switzerland) (represented by: N. Ferretti, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Filippo Gemelli (Turin, Italy)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the Board of Appeal
Trade mark at issue: European Union word mark ‘Innocenti’ – Application for registration No 7 502 181
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 19 April 2018 in Case R 2336/2010-5
Form of order sought
The applicant claims that the Court should:
—Alter Decision No 2336/2010-5 of the Fifth Board of Appeal by annulling it and reject Filippo Gemelli’s opposition to mark 007502181.
Pleas in law
—Failure to comply with the time limit for submission of documentary evidence of the decision of the Tribunale di Torino (District Court, Turin, Italy) revoking the earlier mark on the ground of non-use;
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.