19.3.2018
EN
Official Journal of the European Union
C 104/51
Action brought on 29 January 2018 — Novenco Building & Industry v EUIPO — Novenco Ventilator (Beijing) (NOVENCO)
(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.
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