12.12.2016
EN
Official Journal of the European Union
C 462/27
Action brought on 6 October 2016 — La Patrouille v EUIPO — Alpha Industries (AEROBATIX)
(Case T-710/16)
(2016/C 462/35)
Language in which the application was lodged: French
Parties
Applicant: La Patrouille (Pantin, France) (represented by: A. Lakits-Josse, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Alpha Industries, Inc. (Chantilly, Virginia, United States of America)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark containing the word element ‘AEROBATIX’ — Application for registration No 13 285 952
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 July 2016 in Case R 2344/2015-5
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision inasmuch as it rejected the mark applied for in respect of the goods ‘clothing, shoes; headgear’ and authorise registration of the mark applied for in respect of those goods;
—
order EUIPO to pay the costs.
Pleas in law
—
Lack of likelihood of confusion
—
The Board of Appeal based its finding of a likelihood of confusion, in essence, on the alleged intellectual resemblances, yet they do not immediately strike the consumer.
—
The Board of Appeal disregarded the importance of the word element AEROBATIX which, taken together with the figurative element, is sufficient to remove all likelihood of confusion.