Notices for publication in the OJ nº T-456/17 of Tribunal General de la Unión Europea, September 01, 2017

• Resolution Date: September 01, 2017
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-456/17

Action brought on 21 July 2017 - Lupu v EUIPO - Dzhihangir (Djili soy original DS)

(Case T-456/17)

Language in which the application was lodged: English

Parties

Applicant: Victor Lupu (Bucharest, Romania) (represented by: P. Acsinte, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Ibryam Dzhihangir (Silistra, Bulgaria)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark containing the word elements ‘Djili soy original DS’ - Application for registration No 8 810 558

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 03 May 2017 in Case R 516/2011-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

uphold the opposition against the registration of EUTMA 008404551 “Djili DS” and/or to cancel the registration of EUTMA 008404551 “Djili DS”;

in subsidiary, annul the Decision of the Fifth Board of Appeal dated 03/05/2017 concerning the appeal R 516/2011-5 and to order the resumption of the proceedings before the Board of Appeal and further to order the Board of Appeal to maintain the suspension of its proceedings until a written, motivated and signed final decision on the appeal for annulment, docket no. 2794/1/2016, is provided to the Board of Appeal;

order EUIPO and DZHIHANGIR Ibryam to pay the costs.

Pleas in law

Infringement of Article 1, 1st Protocol of the European Convention on Human Rights;

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