Source: EURLEX
Language: en
Format: md

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| 4.11.2019 | EN | Official Journal of the European Union | C 372/34 |

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Action brought on 5 September 2019 — Itinerant Show Room v EUIPO (FAKE DUCK)

(Case T-607/19)

(2019/C 372/35)

Language of the case: Italian

Parties

Applicant: Itinerant Show Room Srl (San Giorgio in Bosco, Italy) (represented by: E. Montelione, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for European Union figurative mark FAKE DUCK — Application for registration No. 17 946 879

Contested decision: Decision of the Second Board of Appeal of EUIPO of 1 July 2019 in Case R 830/2019-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order EUIPO to pay the costs. |

Pleas in law

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| — | Failure to take into account the inherent distinctive character of the mark FAKE DUCK; |

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| — | Failure to take into account the complexity of the mark FAKE DUCK and the picture of an egg; |

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| — | Misapplication of the principle of equal treatment; |

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| — | Misapplication of the principle of legality. |

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