EN

Official Journal of the European Union

C 175/17

(Case T-105/16)

(2016/C 175/20)

Language in which the application was lodged: English

Parties

Applicant: Philip Morris Brands Sàrl (Neuchâtel, Switzerland) (represented by: L. Alonso Domingo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Explosal Ltd (Larnaca, Cyprus)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU figurative mark in black and white containing the word elements ‘Superior Quality Cigarettes FILTER CIGARETTES Raquel’ — EU trade mark No 10 008 084

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 4 January 2016 in Case R 2775/2014-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and either reject EUTM application no. 10008084 for all goods or, subsidiarily, send the case back to the Board of Appeal for further consideration of the prohibitions laid down by Article 8(1)(b) and 8(5) of Regulation No 207/2009 in light of the submitted evidence of repute and enhanced distinctiveness of the earlier trade mark;

—order EUIPO and the other party to pay their own the costs and those of the applicant.

Pleas in law

—Infringement of Article 76(2) of Regulation No 207/2009;

—Infringement of Articles 8(1)(b) and 76(1) of Regulation No 207/2009;

—Infringement of Article 8(5) of Regulation No 207/2009.