Source: EURLEX
Language: en
Format: md

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| 25.11.2019 | EN | Official Journal of the European Union | C 399/93 |

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Action brought on 1 October 2019 — Ardagh Metal Beverage Holdings v EUIPO (sound mark)

(Case T-668/19)

(2019/C 399/112)

Language of the case: German

Parties

Applicant: Ardagh Metal Beverage Holdings GmbH & Co. KG (Bonn, Germany) (represented by: S. Abrar, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for an EU sound mark — Registration No 17 912 475

Contested decision: Decision of the Second Board of Appeal of EUIPO of 24 July 2019 in Case R 530/2019-2

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 of the proceedings including those incurred in the proceedings before the Board of Appeal. |

Pleas in law

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| — | Distortion of facts (breach of Article 72(2) and Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council); |

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| — | Infringement of the duty to state reasons (Article 72(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council); |

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| — | Failure to have regard to the relevant case-law; |

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| — | Breach of Article 72(2) and Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Breach of Article 72(2) and Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Non-observance of the right to be heard (Article 72(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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