10.8.2020

Official Journal of the European Union

C 262/37

(Case T-400/20)

(2020/C 262/50)

Language in which the application was lodged: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Rudolf Böckenholt GmbH & Co. KG (Ostbevern, Germany)

Details of the proceedings before EUIPO

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

Trade mark at issue: Figurative mark LLOYD’S — EU trade mark No 2 957 132

Procedure before EUIPO: Invalidity proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 14 April 2020 in Case R 1119/2019-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision, inasmuch as, by dismissing the appeal brought by El Corte Inglés, S.A., it upholds the decision of the Cancellation Division partially upholding application No 18 381 C for a declaration of invalidity, and upholds the partial invalidity of EU trade mark No 2 957 132 LLOYD’S (figurative) for ‘goods made of these materials (leather and imitation of leather) and not included in other classes, excluding leather used for making footwear’ in Class 18;

—order the party or parties opposing this action to pay the costs.

Pleas in law

—Infringement of Article 60(1)(a), in conjunction with Article 8(1)(b) of Regulation 2017/1001 of the European Parliament and of the Council.

—Contradiction with the decision of the First Board of Appeal of EUIPO in Case R 562/2006-1 of 23 October 2009.

—Contradiction and lack of consistency of the decision as regards the arguments on which it is based, and infringement of Article 32(i) of Commission Delegated Regulation (EU) 2017/1430.