Source: EURLEX
Language: en
Format: md

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| 19.7.2021 | EN | Official Journal of the European Union | C 289/39 |

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Action brought on 17 May 2021 — Sturz v EUIPO — Clatronic International (STEAKER)

(Case T-261/21)

(2021/C 289/55)

Language in which the application was lodged: German

Parties

Applicant: Manfred Sturz (Schorndorf, Germany) (represented by: B. Bittner, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Clatronic International GmbH (Kempen, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union word mark ‘STEAKER’ — European Union trade mark No 16 707 465

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of EUIPO of 4 March 2021 in Case R 214/2020-2

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; |

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| — | order any intervener to bear its own costs; |

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| — | in the further alternative, refer the case back to the Board of Appeal. |

Pleas in law

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| — | Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Denial of right to be heard within the meaning of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Failure to carry out a full examination and distortion of facts and evidence pursuant to Article 72(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Misuse of power by the Board of Appeal in not admitting evidence. |

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