Action brought on 12 July 2017 — younique v EUIPO — Jafer Enterprises R&D (younique products)

(Case T-434/17)

Language in which the application was lodged: Spanish

Parties

Applicant: younique LLC (Utah, United States) (represented by: M. Edenborough, QC)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Jafer Enterprises R&D, SLU (Granollers, Spain)

Details of the proceedings before EUIPO

Party applying for the trade mark in question: Applicant

Trade mark in question: European Union figurative mark containing the word elements ‘younique products’ — Application for registration No 1 191 504

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 25 April 2017 in Case R 1564/2016-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order the defendant to pay to the applicant the costs relating to and occasioned by the present application as well as the costs incurred by the applicant before the Board of Appeal; or, in the event that the other party in the contested decision appears as an intervener, order that the defendant and the other party in the contested decision be held jointly and severally liable to pay to the applicant the costs relating to and occasioned by the present application as well as the costs incurred by the applicant before the Board of Appeal.

Plea in law

Infringement of Article 8(1)(b) of Regulation No 207/2009, in that the Board of Appeal erred as to the level of attention of the relevant consumer and the similarity of the relevant marks.

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