18.4.2016

EN

Official Journal of the European Union

C 136/39

(Case T-85/16)

(2016/C 136/54)

Language in which the application was lodged: English

Parties

Applicant: Shoe Branding Europe BVBA (Oudenaarde, Belgium) (represented by: J. Løje, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: adidas AG (Herzogenaurach, Germany)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU position mark consisting of two parallel lines positioned on the outside surface of the upper part of a shoe — Application for registration No 10 477 701

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 November 2015 in Case R 3106/2014-2

Form of order sought

The applicant claims that the Court should:

principally:

annul the contested decision;

order EUIPO to pay the costs;

in the alternative:

remit the case to the Defendant ordering a renewed examination independent of the judgment of the General Court in case No. T-145/14;

in the second alternative:

remit the case to the Defendant ordering a stay of the proceedings on the outcome of the Applicant’s appeal of the General Court’s decision in case No. T-145/14 to the Court of Justice of the European Union, case No. C-396/15 P, and on delivery of a judgment from the Court of Justice of the European Union in said case to conduct its own evaluation of the similarities and differences between the marks to be compared.

Pleas in law

the Defendant erred in not making its own assessment of the similarities and differences between the Applicant’s disputed mark and the earlier mark of the Opponent registered under EU trade mark No 3 517 646;

the Defendant erred in finding that the conditions under Article 8(5) of Regulation No 207/2009 were fulfilled.