Action brought on 15 February 2017 – Apple v EUIPO – Apo International (apo)

(Case T-104/17)

Language in which the application was lodged: English

Parties

Applicant: Apple Inc. (Cupertino, California, United States) (represented by: J. Olsen and P. Andreottola, Solicitors, and G. Tritton, Barrister)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Apo International Co. Ltd (Taipei City, Taiwan)

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: EU figurative mark containing the word element ‘apo’ – Application for registration No 11 293 628

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 1 December 2016 in Case R 698/2016-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

uphold the Applicant’s appeal against the contested decision in its entirety ;

order EUIPO to pay the costs.

Pleas in law

Infringement of Articles 8(1)(b) and (5) of Regulation No 207/2009;

The contested decision offends against the principle of reformatio in peius;

The Board of Appeal erred in finding that the passing off claim under Article 8(4) was not substantiated.

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