Source: EURLEX
Language: en
Format: md

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| 27.6.2016 | EN | Official Journal of the European Union | C 232/34 |

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Action brought on 10 March 2016 — Messe Friedrichshafen v EUIPO — El Corte Inglés (Out Door)

(Case T-224/16)

(2016/C 232/44)

Language in which the application was lodged: German

Parties

Applicant: Messe Friedrichshafen GmbH (Friedrichshafen, Germany) (represented by: W. Schulte Hemming, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)

Details of the proceedings before EUIPO

Applicant: Messe Friedrichshafen GmbH

Trade mark at issue: EU figurative mark in black, yellow and orange containing the word element ‘Out Door’ — Application for registration No 6 938 864

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 February 2016 in Case R 2302/2011-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision in so far as it refuses the registration of the trade mark ‘Out Door’ (Registration No: 006938864) in respect of goods and services in classes 9, 16, 25, 28, 35, 37, 38, 41, 42, 43 and 45; |

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| — | in the alternative, annul the contested decision in so far as it refuses the trade mark ‘Out Door’ (Registration No: 006938864) in respect of the following goods and services in class 35:  ‘arranging and conducting of congresses, conferences, seminars and workshops, trade fairs and exhibitions for commercial and advertising purposes, including on the Internet and other electronic media; organisation of participation in exhibitions; sales promotion and brokering of trade, service and business contacts and commercial transactions for consumer goods and industrial products on the Internet and other electronic media, including by means of a virtual trade fair; providing and rental of floor space and exhibition stands, including associated equipment (included in this class); advertising for exhibitors; decoration of exhibition stands and platforms’; |

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| — | order EUIPO to pay the costs incurred by the applicant. |

Pleas in law

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| — | Infringement of Article 8(1)(b) of Regulation No 207/2009; |

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| — | Infringement of Article 76 of Regulation No 207/2009. |

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