Official Journal of the European Union

C 364/15

(Case T-390/16)

(2016/C 364/11)

Language in which the application was lodged: English

Parties

Applicant: Grupo Osborne, SA (El Puerto de Santa María, Spain) (represented by: J. Iglesias Monravá, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Daniel Ostermann (Leipzig, Germany)

Details of the proceedings before EUIPO

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

Trade mark at issue: Figurative mark containing the word elements ‘DONTORO dog friendship’ — EU trade mark application No 11 112 381

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 April 2016 in Case R 2002/2015-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision granting the European Union Trademark No 11 112 381‘DONTORO dog friendship’ (fig.) in Cls. 18, 20 and 35;

—refuse the registration of the European Union Trademark No 11 112 381‘DONTORO dog friendship’ (fig.) in Cl. 35 in the ‘wholesale and retail sale services also through the Internet, garments, shoes and textile products’ and therefore refuse its registration in Classes 25 and 35 in the mentioned services;

—order to whoever opposes this appeal to pay the court’s costs.

Plea in law

—Infringement of Article 8(1)(b) of Regulation No 207/2009.