# C_2017022EN.01004902.xml

| 23.1.2017 | EN | Official Journal of the European Union | C 22/49 |
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23.1.2017

EN

Official Journal of the European Union

C 22/49

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Action brought on 21 November 2016 — Vans v EUIPO — Deichmann (V)

(Case T-817/16)

(2017/C 022/67)

Language in which the application was lodged: German

Parties

Parties

Applicant: Vans, Inc. (Wilmington, Delaware, United States) (represented by: M. Hirsch, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: Deichmann SE (Essen, Germany)

Other party to the proceedings before the Board of Appeal:

Details of the procedure before EUIPO

Details of the procedure before EUIPO

Party applying for the mark: Applicant

Party applying for the mark:

Mark at issue: EU figurative mark (Representation of a ‘V’) — Application No 10 263 978

Mark at issue:

Procedure before EUIPO: Opposition proceedings

Procedure before EUIPO:

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 September 2016 in Case R 2030/2015-4

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | amend the contested decision by rejecting the opposition in its entirety; |
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amend the contested decision by rejecting the opposition in its entirety;

| — | in the alternative, amend the contested decision by declaring that the opposition is also rejected for the goods ‘Goods made of leather or imitations of leather; trunks and travelling bags; umbrellas; parasols and walking sticks; wallets; bags and pouches; rucksacks; belt bags; briefcases; school satchels; school satchels for sport; beach bags; keyrings; hip bags; card cases’ in Class 18 and ‘Clothing, footwear, headgear; belts; gloves’ in Class 25; |
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in the alternative, amend the contested decision by declaring that the opposition is also rejected for the goods ‘Goods made of leather or imitations of leather; trunks and travelling bags; umbrellas; parasols and walking sticks; wallets; bags and pouches; rucksacks; belt bags; briefcases; school satchels; school satchels for sport; beach bags; keyrings; hip bags; card cases’ in Class 18 and ‘Clothing, footwear, headgear; belts; gloves’ in Class 25;

| — | in the further alternative, annul the contested decision; |
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in the further alternative, annul the contested decision;

| — | order EUIPO to pay the costs of the proceedings. |
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order EUIPO to pay the costs of the proceedings.

Pleas in law

Pleas in law

| — | infringement of Rule 19(2) and (3) and Rule 20(1) of Regulation No 2868/95; |
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infringement of Rule 19(2) and (3) and Rule 20(1) of Regulation No 2868/95;

| — | 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 the first sentence of Article 60, Article 63(2) and the first sentence of Article 75 of Regulation No 207/2009 and of the principle of reformatio in peius as well as of the right to be heard. |
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infringement of the first sentence of Article 60, Article 63(2) and the first sentence of Article 75 of Regulation No 207/2009 and of the principle of reformatio in peius as well as of the right to be heard.

reformatio in peius

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