# C_2020201EN.01004201.xml

| 15.6.2020 | EN | Official Journal of the European Union | C 201/42 |
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15.6.2020

EN

Official Journal of the European Union

C 201/42

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Action brought on 14 April 2020 — Aldi Stores v EUIPO — Dualit (Shape of a toaster)

(Case T-199/20)

(2020/C 201/55)

Language of the case: English

Parties

Applicant: Aldi Stores Ltd (Atherstone, United Kingdom) (represented by: S. Barker, Solicitor and C. Blythe, Barrister)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Dualit Ltd (Crawley, United Kingdom)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union tridimensional mark (Shape of a toaster) — European Union trade mark No 48 728

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 14 February 2020 in Case R 1034/2019-4

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision and uphold the application for a declaration of invalidity pursuant to Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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annul the contested decision and uphold the application for a declaration of invalidity pursuant to Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | alternatively, annul the contested decision and remit the case to the EUIPO, straight to the Cancellation Division or to the Boards of Appeal; |
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alternatively, annul the contested decision and remit the case to the EUIPO, straight to the Cancellation Division or to the Boards of Appeal;

| — | in the further alternative, annul the contested decision and uphold the application for a declaration of invalidity pursuant to Articles 7(1)(a), (e)(ii) and/or (e)(iii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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in the further alternative, annul the contested decision and uphold the application for a declaration of invalidity pursuant to Articles 7(1)(a), (e)(ii) and/or (e)(iii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | order the EUIPO to pay the costs incurred by the applicant in connection with this appeal. |
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order the EUIPO to pay the costs incurred by the applicant in connection with this appeal.

Pleas in law

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of an essential procedural requirement, alternatively infringement of Article 27(2) of Commission Delegated Regulation (EU) 2018/625; |
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Infringement of an essential procedural requirement, alternatively infringement of Article 27(2) of Commission Delegated Regulation (EU) 2018/625;

| — | Infringement of Article 7(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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Infringement of Article 7(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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Infringement of Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(1)(e)(iii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
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Infringement of Article 7(1)(e)(iii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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