# C_2016232EN.01003401.xml

| 27.6.2016 | EN | Official Journal of the European Union | C 232/34 |
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27.6.2016

EN

Official Journal of the European Union

C 232/34

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Action brought on 10 March 2016 — Messe Friedrichshafen v EUIPO — El Corte Inglés (Out Door)

(Case T-224/16)

(2016/C 232/44)

Language in which the application was lodged: German

Parties

Parties

Applicant: Messe Friedrichshafen GmbH (Friedrichshafen, Germany) (represented by: W. Schulte Hemming, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Applicant: Messe Friedrichshafen GmbH

Applicant:

Trade mark at issue: EU figurative mark in black, yellow and orange containing the word element ‘Out Door’ — Application for registration No 6 938 864

Trade mark at issue:

Proceedings before EUIPO: Opposition proceedings

Proceedings before EUIPO:

Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 February 2016 in Case R 2302/2011-2

Contested decision:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision in so far as it refuses the registration of the trade mark ‘Out Door’ (Registration No: 006938864) in respect of goods and services in classes 9, 16, 25, 28, 35, 37, 38, 41, 42, 43 and 45; |
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annul the contested decision in so far as it refuses the registration of the trade mark ‘Out Door’ (Registration No: 006938864) in respect of goods and services in classes 9, 16, 25, 28, 35, 37, 38, 41, 42, 43 and 45;

| — | in the alternative, annul the contested decision in so far as it refuses the trade mark ‘Out Door’ (Registration No: 006938864) in respect of the following goods and services in class 35:

  ‘arranging and conducting of congresses, conferences, seminars and workshops, trade fairs and exhibitions for commercial and advertising purposes, including on the Internet and other electronic media; organisation of participation in exhibitions; sales promotion and brokering of trade, service and business contacts and commercial transactions for consumer goods and industrial products on the Internet and other electronic media, including by means of a virtual trade fair; providing and rental of floor space and exhibition stands, including associated equipment (included in this class); advertising for exhibitors; decoration of exhibition stands and platforms’; |
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in the alternative, annul the contested decision in so far as it refuses the trade mark ‘Out Door’ (Registration No: 006938864) in respect of the following goods and services in class 35:

‘arranging and conducting of congresses, conferences, seminars and workshops, trade fairs and exhibitions for commercial and advertising purposes, including on the Internet and other electronic media; organisation of participation in exhibitions; sales promotion and brokering of trade, service and business contacts and commercial transactions for consumer goods and industrial products on the Internet and other electronic media, including by means of a virtual trade fair; providing and rental of floor space and exhibition stands, including associated equipment (included in this class); advertising for exhibitors; decoration of exhibition stands and platforms’;

| — | order EUIPO to pay the costs incurred by the applicant. |
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order EUIPO to pay the costs incurred by the applicant.

Pleas in law

Pleas in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009; |
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Infringement of Article 8(1)(b) of Regulation No 207/2009;

| — | Infringement of Article 76 of Regulation No 207/2009. |
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Infringement of Article 76 of Regulation No 207/2009.

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