3.6.2019

EN

Official Journal of the European Union

C 187/88

(Case T-250/19)

(2019/C 187/95)

Language in which the application was lodged: Spanish

Parties

Applicant: Tradición CZ, SL (Jerez de la Frontera, Spain) (represented by: M. Aznar Alonso, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: María Dolores Rivero Argudo (Jerez de la Frontera, Spain)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for the EU word mark TRADICIÓN CZ, S.L. — Application for registration No 14 977 045

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 4 February 2019 in Case R 257/2018-2

Form of order sought

The applicant claims that the Court should:

—Stay the present proceedings until a final decision is taken in the revocation proceedings against the opposing trade mark No 7272594 RIVERO CZ (proceedings 33785-C) before EUIPO.

—Declare the first plea well founded, annul the contested decision and find that there is no likelihood of confusion between the marks at issue.

—In the alternative and cumulatively, declare the second plea well founded, annul the contested decision and find that there is no likelihood of confusion between the marks at issue in respect of the services in Class 35 relating to the sale of vinegars and musts.

—Order EUIPO and the other party, should she appear in the present proceedings, to pay the costs.

Plea in law

—Infringement of Article 8(1)(b) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council.