Case T-323/18: Action brought on 22 May 2018 — Fomanu v EUIPO — Fujifilm Imaging Germany (Representation of a butterfly)
C2402018EN6120120180522EN0071612622
Action brought on 22 May 2018 — Fomanu v EUIPO — Fujifilm Imaging Germany (Representation of a butterfly)
(Case T-323/18)2018/C 240/71Language in which the application was lodged: German
Parties
Applicant: Fomanu AG (Neustadt a.d. Waldnaab, Germany) (represented by: S. Reichart, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Fujifilm Imaging Germany GmbH & Co. KG (Willich, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark No 5 481 403
Procedure before EUIPO: Invalidity proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 16 March 2018 in Case R 2241/2016-2
Form of order sought
The applicant claims that the Court should:
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annul the contested decision in so far as it declared the contested EU trade mark to have expired for the following goods and services:
Class 9 — CDs; DVDs; computer programs and software, in particular software for the exchange, storage, reproduction and systematic capture of data;
Class 16 — Printed matter included in Class 16, excluding printed matter customised with personal photos (in particular photo books, photo calendars, photo canvases, photo puzzles, photo notebooks and photo folders);
Class 38 — Providing access to a computer database for downloading information via electronic media (the Internet); computer-aided transmission of messages and images;
Class 40 — Bookbinding;
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order EUIPO to pay the costs.
Pleas in law
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Infringement of Article 58(1)(a) and (2), in conjunction with Article 18(1), of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
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Infringement of Article 19(1), in conjunction with Article 10, of Commission Delegated Regulation (EU) 2017/1430.
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