# C_2020068EN.01005901.xml

| 2.3.2020 | EN | Official Journal of the European Union | C 68/59 |
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2.3.2020

EN

Official Journal of the European Union

C 68/59

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Action brought on 9 January 2020 — Paravan v EUIPO — paragon (Paragon)

(Case T-11/20)

(2020/C 68/67)

Language in which the application was lodged: German

Parties

Applicant: Paravan GmbH (Pfronstetten-Aichelau, Germany) (represented by: I. Jung and L. Delpy, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: paragon GmbH & Co. KGaA (Delbrück, Germany)

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: EU word mark Paragon — EU trade mark No 3 705 051

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 October 2019 in Case R 28/2019-4

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision and uphold the decision of the Cancellation Division of EUIPO of 10 December 2018 in cancellation proceedings No 14 618 C concerning EU trade mark Paragon No 3 705 051; |
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annul the contested decision and uphold the decision of the Cancellation Division of EUIPO of 10 December 2018 in cancellation proceedings No 14 618 C concerning EU trade mark Paragon No 3 705 051;

alternatively,

| — | amend the contested decision by annulling the decision of the Cancellation Division of EUIPO of 10 December 2018 in cancellation proceedings No 14 618 C in so far as the EU trade mark Paragon No 3 705 051 was revoked, with effect from 14 March 2017, for ‘carriage body parts for the tuning of motor vehicles for locomotion by land; microphones for hands-free kits for cell phones for motor vehicles for locomotion by land; clocks for motor vehicles for locomotion by land’; |
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amend the contested decision by annulling the decision of the Cancellation Division of EUIPO of 10 December 2018 in cancellation proceedings No 14 618 C in so far as the EU trade mark Paragon No 3 705 051 was revoked, with effect from 14 March 2017, for ‘carriage body parts for the tuning of motor vehicles for locomotion by land; microphones for hands-free kits for cell phones for motor vehicles for locomotion by land; clocks for motor vehicles for locomotion by land’;

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

Pleas in law

| — | infringement of Article 58(1)(a) and 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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infringement of Article 58(1)(a) and 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | alternatively, infringement of Article 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
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alternatively, infringement of Article 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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