Source: EURLEX
Language: en
Format: md

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| 7.6.2021 | EN | Official Journal of the European Union | C 217/64 |

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Action brought on 14 April 2021 — Stryker v EUIPO (RUGGED)

(Case T-204/21)

(2021/C 217/81)

Language of the case: English

Parties

Applicant: Stryker Corp. (Kalamazoo, Michigan, United States) (represented by: I. Fowler, I. Junkar, and B. Worbes, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: International registration designating the European Union in respect of the word mark RUGGED

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 January 2021 in Case R 370/2020-5

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 71(1) read in conjunction with Article 67 Regulation (EU) 2017/1001 of the European Parliament and of the Council and lack of competence by exceeding the limits of its power; |

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| — | Infringement of Article 7(3) Regulation (EU) 2017/1001 of the European Parliament and of the Council and incorrect statement that the evidence filed in relation to acquired distinctiveness is insufficient; |

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| — | Infringement of Article 94(1) Regulation (EU) 2017/1001 of the European Parliament and of the Council for failing to state reasons for its decision. |

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