24.10.2016

EN

Official Journal of the European Union

C 392/50

(Case T-642/16)

(2016/C 392/65)

Language in which the application was lodged: Italian

Parties

Applicant: Iame SpA (Milan, Italy) (represented by: M. Mostardini, G. Galimberti, F. Mellucci and R. Kakkar, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Industrie Aeronautiche Reggiane Srl (Reggio Emilia, Italy)

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 element ‘Parilla’ — European Union trade mark No 3 065 182

Procedure before EUIPO: Revocation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 23 June 2016 in Case R 608/2015-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision, on the ground of infringement of Article 51 of Regulation No 207/2009, in so far as that decision dismissed action R 608/2015-1 and confirmed the revocation for non-use of EU figurative mark No 3065182 ‘Parilla’, of which IAME S.p.A. is the proprietor, in respect of all the goods and services claimed in Classes 7 and 41;

and, accordingly:

—dismiss the application for revocation under Article 51 of Regulation No 207/2009 of EU figurative mark No 3065182 ‘Parilla’, of which IAME S.p.A. is the proprietor, in respect of all the goods and services claimed in Classes 7 and 41;

—reserve all rights to submit further pleas in law and evidence within the time-limits prescribed;

—order EUIPO to pay the costs.

Plea in law

—Infringement and misapplication of Article 51 of Regulation No 207/2009.