(Case T-707/21 Action brought on 3November 2021– Hoteles Olivencia v EUIPO– Corporacion H10 Hotels (HOTELES HO)

Action brought on 3November 2021– Hoteles Olivencia v EUIPO– Corporacion H10 Hotels (HOTELES HO)

(Case T-707/21)

Language in which the application was lodged: Spanish

Parties

Applicant: Hoteles Olivencia, SL (Almería, Spain) (represented by: S.Mohamed Acosta, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Corporacion H10 Hotels, SL (Barcelona, Spain)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for the European Union figurative mark HOTELES HO– Application for registration No18202245

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 27August 2021 in CaseR 782/2021-4

Form of order sought

The applicant claims that the Court should:

Annul the contested decision recognising the registration of the trade mark at issue and ordering the opponent of the original trade mark application to pay the costs;

In the alternative, if the appeal is dismissed, each party should bear its own costs, given the subject matter at issue and its apparent complexity, and given the various changes of approach in the decisions of each instance, circumstances which should be taken into account in relation to the provisions of Article109(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

Pleas in law

At issue is the application or non-application of Article8(1)(b) and the effective (or defective) non-application of Article8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Error due to the failure to apply Article109(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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