26.6.2017

EN

Official Journal of the European Union

C 202/21

(Case T-223/17)

(2017/C 202/36)

Language in which the application was lodged: Spanish

Parties

Applicant: Adapta Color, SL (Peniscola, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Coatings Foreign IP Co. LLC (Wilmington, Delaware, United States)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word elements ‘ADAPTA POWDER COATINGS’ — European Union trade mark No 3 383 015

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 February 2017 in Case R 2522/2015-5

Form of order sought

The applicant claims that the Court should:

—uphold the present action in its entirety;

—annul the contested decision;

—order the defendant and, where appropriate, the intervener, to pay the costs of the present proceedings, as well as the costs incurred in the proceedings for a declaration of invalidity and the subsequent appeal proceedings before EUIPO.

Pleas in law

—Infringement of Article 7(1)(b) and (c), Article 7(3), Article 52(1)(a) and Articles 75 and 76 of Regulation No 207/2009;

—Infringement of fundamental principles and basic procedural requirements, such as the burden of proof, the obligation to state reasons for decisions, the rights of defence or to be heard, and the principles of legal certainty, equal treatment and sound administration.