# C_2019139EN.01007001.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/70 |
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15.4.2019

EN

Official Journal of the European Union

C 139/70

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Action brought on 13 February 2019 — Cinkciarz.pl v EUIPO — MasterCard International (robodealer)

(Case T-89/19)

(2019/C 139/73)

Language of the case: English

Parties

Applicant: Cinkciarz.pl sp. z o.o. (Zielona Góra, Poland) (represented by: E. Skrzydło-Tefelska and K. Gajek, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: MasterCard International, Inc. (New York, New York, United States)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark (robodealer) — Application for registration No 15 225 212

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 December 2018 in Case R 1058/2018-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
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annul the contested decision;

| — | order EUIPO and MasterCard International Incorporated to bear their own costs and to pay those incurred by the applicant, including those incurred in the proceedings before the EUIPO. |
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order EUIPO and MasterCard International Incorporated to bear their own costs and to pay those incurred by the applicant, including those incurred in the proceedings before the EUIPO.

Pleas in law

| — | Infringement of Article 71(1) of Commission Delegated Regulation (EU) 2018/625 of 5 March 2018 supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark, and repealing Delegated Regulation (EU) 2017/1430, in conjunction with Article 41(2) of the Charter of Fundamental Rights of the European Union; |
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Infringement of Article 71(1) of Commission Delegated Regulation (EU) 2018/625 of 5 March 2018 supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark, and repealing Delegated Regulation (EU) 2017/1430, in conjunction with Article 41(2) of the Charter of Fundamental Rights of the European Union;

| — | Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 41(2) of the Charter of Fundamental Rights of the European Union; |
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Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 41(2) of the Charter of Fundamental Rights of the European Union;

| — | Infringement of the principles of equal treatment and sound administration; |
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Infringement of the principles of equal treatment and sound administration;

| — | Infringement of Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
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Infringement of Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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