22.1.2018
EN
Official Journal of the European Union
C 22/61
Action brought on 23 November 2017 — Pan v EUIPO — Entertainment One UK (TOBBIA)
(Case T-777/17)
(2018/C 022/82)
Language in which the application was lodged: English
Parties
Applicant: Xianhao Pan (Rome, Italy) (represented by: M. Oliva, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Entertainment One UK Ltd (London, United Kingdom)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark containing the word element ‘TOBBIA’ — EU trade mark No 11 775 509
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of EUIPO of 14 September 2017 in Case R 1776/2016-1
Form of order sought
The applicant claims that the Court should:
—
annul in its entirety the contested decision.
Pleas in law
—
Failure to state reasons, breach of the valuation method of the relationship between the brands as well as a lack of assessment as to the assessment of likelihood of confusion of the marks;
—
Infringement of Article 8(b)(1) in relation to Article 53(2) of Regulation No 207/2009.