8.4.2019

EN

Official Journal of the European Union

C 131/54

(Case T-77/19)

(2019/C 131/63)

Language of the case: English

Parties

Applicant: Alcar Aktiebolag (Bromma, Sweden) (represented by: M. Ateva, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Alcar Holding GmbH (Wien, Austria)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative word mark alcar.se in colours white and blue — Application for registration No 15 508 583

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 14 November 2018 in Case R 378/2018-1

Form of order sought

The applicant claims that the Court should:

—stay the proceedings before the General Court until the revocation proceedings against the trade mark of Alcar Holding GmbH have been concluded, and the real scope of protection of the trade mark of Alcar Holding GmbH has been determined;

—annul the decision of the Board Appeal in its entirety;

—uphold the Opposition Division’s decision in its entirety;

—order Alcar Holding GmbH to pay the Applicant’s costs of the proceedings before the Opposition Division, the Board of Appeal, as well as the General Court.

Pleas in law

—The Board of Appeal erroneously extended the scope of protection of the trade mark of Alcar Holding GmbH;

—The Board of Appeal made an error in the assessment of the likelihood of confusion between the trade marks.