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Case T-54/18: Action brought on 31 January 2018 — Fashion Energy v EUIPO — Retail Royalty (1st AMERICAN)
ECLI:EU:UNKNOWN:62018TN0054
62018TN0054
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9.4.2018
Official Journal of the European Union
C 123/25
(Case T-54/18)
(2018/C 123/32)
Language in which the application was lodged: English
Parties
Applicant: Fashion Energy Srl (Milan, Italy) (represented by: T. Müller, F. Togo, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Retail Royalty Co. (Las Vegas, Nevada, United States)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant
Trade mark at issue: Application for EU figurative mark 1st AMERICAN — Application for registration No 8 622 078
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 15 November 2017 in Case R 693/2017-2
Form of order sought
The applicant claims that the Court should:
—stay proceedings pursuant to Art. 69(d) of the Rules of Procedure of the General Court until final and binding decision has been taken on the request for partial revocation against opposition mark EUTM 005066113;
—annul the contested decision;
—order EUIPO and the other party to pay the costs incurred by the Applicant.
Pleas in law
—Infringement of the principle of audi alteram partem;
—Infringement of Article 8(1)(b) of Regulation No 2017/1001.