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Case T-45/18: Action brought on 29 January 2018 — Novenco Building & Industry v EUIPO — Novenco Ventilator (Beijing) (NOVENCO)
ECLI:EU:UNKNOWN:62018TN0045
62018TN0045
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19.3.2018
Official Journal of the European Union
C 104/51
(Case T-45/18)
(2018/C 104/65)
Language in which the application was lodged: English
Parties
Applicant: Novenco Building & Industry A/S (Næstved, Denmark) (represented by: A. Rasmussen, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Novenco Ventilator (Beijing) Co. Ltd (Beijing, China)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: International registration designating the European Union in respect of the figurative sign ‘NOVENCO’ – International registration designating the European Union No 1 187 938
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 November 2017 in Case R 2354/2016-2
Form of order sought
The applicant claims that the Court should:
—partly annul the contested decision, namely for the goods of class 7 as covered by IR 1187938;
—order EUIPO to bear its own costs as well as the third party’s costs, including those incurred during the appeal and opposition proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 2017/1001.