Source: EURLEX
Language: en
Format: md

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| 1.4.2019 | EN | Official Journal of the European Union | C 122/27 |

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Action brought on 12 February 2019 — Dekoback v EUIPO — DecoPac (DECOPAC)

(Case T-80/19)

(2019/C 122/31)

Language in which the application was lodged: German

Parties

Applicant: Dekoback GmbH (Helmstadt-Bargen, Germany) (represented by: V. von Moers, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: DecoPac, Inc. (Anoka, Minnesota, United States)

Details of the proceedings before EUIPO

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

Mark at issue: EU word mark DECOPAC — EU trade mark No 160 747

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 November 2018 in Case R 1795/2017-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision and declare invalid, in its entirety, the trade mark DECOPAC registered for the other party to the proceedings before the Board of Appeal. |

Pleas in law

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| — | No confidentiality of business data; |

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| — | Infringement of the right to be heard; |

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| — | No submission of invoices to any significant extent; |

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| — | No use of the trade mark as the other party’s own brand; |

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| — | Sale also to consumers was planned but did not take place; |

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| — | A distinction between edible and inedible decorations is necessary. |

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