I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
(2017/C 144/75)
Language in which the application was lodged: English
Applicants: Apple and Pear Australia Ltd (Victoria, Australia), Star Fruits Diffusion (Caderousse, France) (represented by: T. de Haan and P. Péters, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Pink Lady America (Yakima, Washington, United States)
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark ‘WILD PINK’ — Application for registration No 11 701 216
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 9 January 2017 in Case R 87/2015-4
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and intervener to bear the costs, including those incurred by the applicants before the Office’s Fourth Board of Appeal.
—Infringement of Article 76(1) of Regulation No. 207/2009 and the rights of defense;
—Infringement of Article 75 of Regulation No. 207/2009 and of Article 296 TFEU,
—Infringement of Article 8(1)(b) and/or of Article 8(5) of Regulation No. 207/2009.