Source: EURLEX
Language: en
Format: md

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| 2.3.2020 | EN | Official Journal of the European Union | C 68/62 |

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Action brought on 13 January 2020 — sprd.net v EUIPO — Shirtlabor (I love)

(Case T-19/20)

(2020/C 68/70)

Language in which the application was lodged: German

Parties

Applicant: sprd.net AG (Leipzig, Germany) (represented by: J. Hellenbrand, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Shirtlabor GmbH (Münster, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word elements ‘I love’ in black and red — European Union trade mark No 10 023 067

Procedure before EUIPO: Cancellation procedure

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 October 2019 in Case R 5/2019-5

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 7(1)(b) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 16(1)(a) of Commission Delegated Regulation (EU) 2018/625; |

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| — | Infringement of Article 94(1) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 97(1) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 95(1) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of the principle of non-arbitrariness. |

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