(Case T-265/18)

Language in which the application was lodged: Polish

Parties

Applicant: Ilona Biernacka-Hoba (Aleksandrów Łódzki, Poland) (represented by: R. Rumpel, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Formata Bogusław Hoba (Aleksandrów Łódzki, Poland)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union figurative mark containing the word element ‘Formata’ — European Union trade mark No 11 529 427

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 13 February 2018 in Case R 2032/2017-4

Form of order sought

The applicant claims that the Court should:

—declare the action well founded;

—annul the contested decision in so far as it dismisses the application for a declaration that the trade mark ‘Formata’ No 11 529 427 is invalid;

—amend the contested decision by declaring the trade mark ‘Formata’ No 11 529 427 invalid;

—amend the contested decision in so far as it concerns the costs;

—order EUIPO to pay the costs.

Plea in law

—The Board of Appeal incorrectly considered that there was a lack of substantiation of the earlier trade mark.