Source: EURLEX
Language: en
Format: md

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| 25.11.2019 | EN | Official Journal of the European Union | C 399/81 |

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Action brought on 25 September 2019 – Sun Stars & Sons v EUIPO – Carpathian Springs (Shape of a bottle)

(Case T-637/19)

(2019/C 399/99)

Language of the case: English

Parties

Applicant: Sun Stars & Sons Pte Ltd (Singapore, Singapore) (represented by: M. Maček, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Carpathian Springs SA (Vatra Dornei, Romania)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union tridimensional mark (Shape of a bottle) – Application for registration No 14 979 959

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 6 August 2019 in Case R 317/2018-4

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 bear its own costs and to pay those incurred to Sun Stars & Sons Pte Ltd. |

Pleas in law

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| — | Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 296 of the Treaty on the Functioning of the European Union; |

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

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