Source: EURLEX
Language: en
Format: md

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| 8.5.2017 | EN | Official Journal of the European Union | C 144/57 |

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Action brought on 17 March 2017 — M & K v EUIPO — Genfoot (KIMIKA)

(Case T-171/17)

(2017/C 144/77)

Language in which the application was lodged: English

Parties

Applicant: M & K Srl (Prato, Italy) (represented by: F. Caricato, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Genfoot, Inc. (Montreal, Québec, Canada)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU word mark ‘KIMIKA’ — Application for registration No 13 233 391

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 12 January 2017 in Case R 1206/2016-4

Form of order sought

The applicant claims that the Court should:

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| — | recognize and declare that the recourse presented by the applicant is admissible and well founded; and consequently |

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| — | reform the contested decision; |

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| — | send the case back to EUIPO for a reforming decision and therefore give way to a definitive registration of the EU trade mark No 13 233 391 even in the classes contested; |

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| — | condemn the counterpart to pay fees and costs of the three proceeding. |

Pleas in law

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| — | Infringement of Article 15 of Regulation No 207/2009; |

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| — | The Board of Appeal erred when it assessed the risk of confusion between the trade marks. |

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