Action brought on 21 December 2016 — Casual Dreams v EUIPO — López Fernández (Dayaday)

(Case T-900/16)

Language in which the application was lodged: Spanish

Parties

Applicant: Casual Dreams, SLU (Manresa, Spain) (represented by: A. Tarí Lázaro, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Miguel Ángel López Fernández (Fuensalida, Spain)

Details of the proceedings before EUIPO

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark containing the word element ‘Dayaday’ — Application for registration No 13 243 563

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 6 November 2016 in Case R 375/2016-2

Form of order sought

The applicant claims that the Court should:

annul the Decision of the Second Board of Appeal adopted on 6 October 2016 in Case R 375/2016-2 dismissing in part the appeal against the decision of the Opposition Division of EUIPO No B 2 469 545 of 17 December 2015;

dismiss the application for registration of the EU trademark No 13 243 563 filed by the other party to the proceedings before the Board of Appeal for all the goods in Class 9 and the portion of the goods in Classes 16 and 24 in respect of which the Second Board of Appeal has dismissed the appeal;

in the alternative, partially annul the contested decision, pursuant to Article 8(5) (EUTMR), in so far as it confirms the dismissal of the opposition and the appeal in respect of the goods in Classes 9, 16 and 24 and refer the matter back to the Board of Appeal for review in its entirety in respect of the relative ground referred to in the abovementioned article;

order EUIPO to pay the costs, including the costs incurred by the applicant in the proceedings before the Board of Appeal of EUIPO.

Pleas in law

Infringement of Article 8(1)(b) and (5) of Regulation No 207/2009.

____________