Source: EURLEX
Language: en
Format: md

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| 22.10.2018 | EN | Official Journal of the European Union | C 381/30 |

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Action brought on 6 September 2018 — K.A. Schmersal Holding v EUIPO — Tecnium (tec.nicum)

(Case T-527/18)

(2018/C 381/35)

Language in which the application was lodged: German

Parties

Applicant: K.A. Schmersal Holding GmbH & Co. KG (Wuppertal, Germany) (represented by: A. Haudan, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Tecnium, SA (Manresa, Spain)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: European Union word mark ‘tec.nicum’ — European Union trade mark No 13 626 791

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 21 June 2018 in Case R 2427/2017-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision in so far as it confirms the dismissal of the application for registration of the contested mark for Class 42; |

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| — | order EUIPO to pay the costs. |

Pleas in law

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| — | No genuine use of the mark on which the opposition is based; |

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| — | Incorrect identification of the relevant public; |

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| — | No similarity between the services; |

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| — | No similarity between the opposing marks; |

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| — | No likelihood of confusion. |

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