Source: EURLEX
Language: en
Format: md

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| 15.4.2019 | EN | Official Journal of the European Union | C 139/107 |

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Action brought on 7 March 2019 — Kludi v EUIPO — Adlon Brand (ADLON)

(Case T-144/19)

(2019/C 139/109)

Language in which the application was lodged: German

Parties

Applicant: Kludi GmbH & Co. KG (Menden, Germany) (represented by: A. Zafar, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Adlon Brand GmbH & Co. KG (Düren, Germany)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: Application for EU word mark ADLON — Application for registration No 11 115 961

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 November 2018 in Case R 1500/2018-2

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

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| — | Infringement of Article 7 of Commission Delegated Regulation (EU) 2018/625; |

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| — | Infringement of Article 27(4) of Commission Delegated Regulation (EU) 2018/625; |

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| — | Infringement of the principle that the subject matter of an action is defined by the parties. |

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