Source: EURLEX
Language: en
Format: md

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| 28.3.2022 | EN | Official Journal of the European Union | C 138/22 |

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Action brought on 3 January 2022 — Loutsou v EUIPO (POLIS LOUTRON)

(Case T-13/22)

(2022/C 138/25)

Language of the case: Greek

Parties

Applicant: Alexandra Loutsou (Thessaloniki, Greece) (represented by: S. Psomakakis, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for the European Union figurative mark POLIS LOUTRON — Application for registration No 18 144 809

Contested decision: Decision of the First Board of Appeal of EUIPO of 20 October 2021 in Case R 544/2020-1

Form of order sought

The applicant claims that the Court should:

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| — | declare the action admissible; |

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| — | annul the contested decision; |

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| — | declare the action brought against the decision of the First Board of Appeal of EUIPO in Case R 544/2020-1, relating to EU trade mark application No 18 144 809, well founded and admissible; |

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| — | annul in part notification No L 110 of 8 November 2019 concerning the notification of the grounds for refusal of EU trade mark application No 18 144 809, with the result that that application for registration is upheld in its entirety and the mark at issue registered as a distinctive sign of the goods and services of the undertaking of the applicant in the territory of the European Union for the classes applied for; |

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| — | annul in part notification No L 123 of 20 January 2020 rejecting EU trade mark application No 18 144 809, with the result that that application for registration is upheld in its entirety and the mark at issue registered as a distinctive sign of the goods and services of the undertaking of the applicant in the territory of the European Union for the classes applied for; |

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| — | order EUIPO, the defendant, to register the mark POLIS LOUTRON as a trade mark in all the classes applied for and in respect of all the goods and services applied for; |

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| — | order EUIPO to pay the costs. |

Plea in law

The contested decision incorrectly interpreted and applied the provisions of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council 14 June 2017 on the European Union trade mark, since the mark at issue is neither descriptive nor lacking distinctive character, and there are therefore no grounds to prevent it from being registered for the classes in question and in respect of the goods and services therein.

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