Source: EURLEX
Language: en
Format: md

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| 22.2.2021 | EN | Official Journal of the European Union | C 62/46 |

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Action brought on 5 January 2021 — Advanced Superabrasives v EUIPO — Adi (ASI ADVANCED SUPERABRASIVES)

(Case T-4/21)

(2021/C 62/58)

Language in which the application was lodged: Polish

Parties

Applicant: Advanced Superabrasives, Inc. (Mars Hill, North Carolina, United States) (represented by: D. Piróg and A. Rytel, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Adi Srl (Thiene, Italy)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for the EU figurative mark ‘ASI ADVANCED SUPERABRASIVES’ — Application No 17 163 734

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 October 2020 in Case R 2713/2019-2

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 |

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| — | in the event that the intervener intervenes in the proceedings, order that party to bear its own costs. |

Pleas in law

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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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| — | Infringement of Article 27(3)(b) of Commission Delegated Regulation (EU) 2018/625; |

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| — | Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625; and |

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| — | Infringement of Article 71(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 27(3)(b) of Commission Delegated Regulation (EU) 2018/625. |

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