Source: EURLEX
Language: en
Format: md

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| 20.7.2020 | EN | Official Journal of the European Union | C 240/33 |

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Action brought on 29 May 2020 — Electrodomesticos Taurus v EUIPO — Shenzhen Aukey E-Business (AICOOK)

(Case T-328/20)

(2020/C 240/43)

Language in which the application was lodged: Spanish

Parties

Applicant: Electrodomesticos Taurus, SL (Oliana, Spain) (represented by: E. Manresa Medina, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Shenzhen Aukey E-Business Co. Ltd (Shenzhen, China)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for registration of the EU word mark AICOOK No 17 174 236

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 March 2020 in Case R 2212/2019-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | declare the use of the opposing trade mark to have been established in relation to ‘Food processors’ in Class 7; |

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| — | refuse registration of trade mark No 17 174 236 on account of its similarity to the opposing mark; |

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| — | and, subsidiarily, to avoid registration of that trade mark, declare that the use of the opposing trade mark has been established in relation to ‘Food processors’ in Class 7; |

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| — | order EUIPO’s Opposition Division to adopt a decision in relation to opposition B 3006619 (MUE No 17 174 236 AICOOK) finding that the use of the opposing trade mark has been established in relation to ‘Food processors’ in Class 7. |

Pleas in law

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| — | Infringement of Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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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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