# C_2021062EN.01004502.xml

| 22.2.2021 | EN | Official Journal of the European Union | C 62/45 |
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22.2.2021

EN

Official Journal of the European Union

C 62/45

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Action brought on 5 January 2021 — Power Horse Energy Drinks v EUIPO — Robot Energy Europe (UNSTOPPABLE)

(Case T-3/21)

(2021/C 62/57)

Language in which the application was lodged: German

Parties

Applicant: Power Horse Energy Drinks GmbH (Linz, Austria) (represented by: M. Woller, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Robot Energy Europe (Mijas, Spain)

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 UNSTOPPABLE — EU trade mark No 14 555 271

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 6 October 2020 in Case R 232/2020-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision in so far as it dismisses the appeal brought by the applicant in relation to the goods:






  — | Class 5: Nutritional supplements; Health food supplements made principally of vitamins; Powdered nutritional supplement drink mix; Vitamin preparations in the nature of food supplements; Vitamin drinks; Vitamin preparations; Vitamin tablets; Vitamins and vitamin preparations; |
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annul the contested decision in so far as it dismisses the appeal brought by the applicant in relation to the goods:

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Class 5: Nutritional supplements; Health food supplements made principally of vitamins; Powdered nutritional supplement drink mix; Vitamin preparations in the nature of food supplements; Vitamin drinks; Vitamin preparations; Vitamin tablets; Vitamins and vitamin preparations;

| — | Class 32: Non-alcoholic beverages containing fruit juices; Energy drinks; Protein-enriched sports beverages; Sports drinks;
  and in so far as it orders the applicant to bear the costs of the invalidity proceedings and of the appeal proceedings; |
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Class 32: Non-alcoholic beverages containing fruit juices; Energy drinks; Protein-enriched sports beverages; Sports drinks;

and in so far as it orders the applicant to bear the costs of the invalidity proceedings and of the appeal proceedings;

| — | order EUIPO and the other party to the appeal proceedings, should it intervene in the proceedings, to pay the applicant’s costs. |
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order EUIPO and the other party to the appeal proceedings, should it intervene in the proceedings, to pay the applicant’s costs.

Pleas in law

| — | Infringement of Article 59(1)(a) in conjunction with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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Infringement of Article 59(1)(a) in conjunction with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 59(1)(a) in conjunction with Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
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Infringement of Article 59(1)(a) in conjunction with Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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