Official Journal of the European Union

C 240/33

(Case T-328/20)

(2020/C 240/43)

Language in which the application was lodged: Spanish

Parties

Applicant: Electrodomesticos Taurus, SL (Oliana, Spain) (represented by: E. Manresa Medina, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Shenzhen Aukey E-Business Co. Ltd (Shenzhen, China)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for registration of the EU word mark AICOOK No 17 174 236

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 March 2020 in Case R 2212/2019-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—declare the use of the opposing trade mark to have been established in relation to ‘Food processors’ in Class 7;

—refuse registration of trade mark No 17 174 236 on account of its similarity to the opposing mark;

—and, subsidiarily, to avoid registration of that trade mark, declare that the use of the opposing trade mark has been established in relation to ‘Food processors’ in Class 7;

—order EUIPO’s Opposition Division to adopt a decision in relation to opposition B 3006619 (MUE No 17 174 236 AICOOK) finding that the use of the opposing trade mark has been established in relation to ‘Food processors’ in Class 7.

Pleas in law

—Infringement of Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.