Source: EURLEX
Language: en
Format: md

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| 4.11.2019 | EN | Official Journal of the European Union | C 372/36 |

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Action brought on 19 September 2019 — Daw v EUIPO (SOS Loch- und Rissfüller)

(Case T-626/19)

(2019/C 372/38)

Language of the case: German

Parties

Applicant: Daw SE (Ober-Ramstadt, Germany) (represented by: A. Haberl, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Registration of the European Union word mark ‘SOS Loch- und Rissfüller’ — Application for registration No 17 870 692

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 18 July 2019 in Case R 278/2019-4

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | annul the Decision of EUIPO of 7 January 2019 in so far as it rejects the application for registration of the mark ‘SOS Loch- und Rissfüller’ in respect of the following goods:   |  |  | | --- | --- | | — | ‘Class 1 — Chemicals used in industry; Masonry preservatives and dampers, roof tiles, cements and concrete, except paints and oils; Synthetic resins, synthetic resins and unprocessed plastics; Solvents (chemical -); Fillers for use in coating paints (not included in other classes) |  |  |  | | --- | --- | | — | Class 2 — Raw natural resins |  |  |  | | --- | --- | | — | Class 19 — Mortar for building construction; Quartz; Coatings (building materials); Cleaning preparations; Compositions for building devices; Filaments being building materials; Fabrics for building purposes, not of metal or predominantly non-metallic materials, in particular stabilising fabric’; | |

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| — | order EUIPO to allow the application for registration to be published, as lodged; |

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| — | order EUIPO to pay the costs. |

Plea in law

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| — | Infringement of Article 7(1)(b) and (c) and (2) of Regulation No 2017/1001. |

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