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Case T-710/16: Action brought on 6 October 2016 — La Patrouille v EUIPO — Alpha Industries (AEROBATIX)
ECLI:EU:UNKNOWN:62016TN0710
62016TN0710
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Valentina R., lawyer
12.12.2016
EN
Official Journal of the European Union
C 462/27
(Case T-710/16)
(2016/C 462/35)
Language in which the application was lodged: French
Parties
Applicant: La Patrouille (Pantin, France) (represented by: A. Lakits-Josse, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Alpha Industries, Inc. (Chantilly, Virginia, United States of America)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark containing the word element ‘AEROBATIX’ — Application for registration No 13 285 952
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 July 2016 in Case R 2344/2015-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision inasmuch as it rejected the mark applied for in respect of the goods ‘clothing, shoes; headgear’ and authorise registration of the mark applied for in respect of those goods;
—order EUIPO to pay the costs.
Pleas in law
—Lack of likelihood of confusion
—The Board of Appeal based its finding of a likelihood of confusion, in essence, on the alleged intellectual resemblances, yet they do not immediately strike the consumer.
—The Board of Appeal disregarded the importance of the word element AEROBATIX which, taken together with the figurative element, is sufficient to remove all likelihood of confusion.