29.10.2018
EN
Official Journal of the European Union
C 392/33
Action brought on 29 August 2018 — BGC Partners v EUIPO — Bankgirocentralen BGC (BGC PARTNERS)
(Case T-520/18)
(2018/C 392/41)
Language of the case: English
Parties
Applicant: BGC Partners LP (New York, New York, United States) (represented by: P. Walsh, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Bankgirocentralen BGC AB (Stockholm, Sweden)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark BGC PARTNERS — European Union trade mark No 3 808 185
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 June 2018 in Case R 2185/2014-5.
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision, in so far as the Board of Appeal determined that the registration should be declared invalid for ‘financial affairs; monetary affairs; banking services; financial services; financial clearing’ in class 36;
—
order EUIPO and the intervener to pay the costs incurred by the applicant in the present proceedings;
—
alter the contested decision with regard to the order for costs and order, pursuant to Article 134(1) of the Rules of Procedure of the General Court, the unsuccessful intervener to pay the costs incurred in the Board of Appeal and the opposition proceedings.
Pleas in law
—
The Board of Appeal incorrectly found that evidence of use was sufficient to demonstrate genuine use of the mark;
—
Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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