Source: EURLEX
Language: en
Format: md

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| 27.9.2021 | EN | Official Journal of the European Union | C 391/26 |

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Action brought on 16 August 2021 — Lotion v EUIPO (BLACK IRISH)

(Case T-498/21)

(2021/C 391/36)

Language of the case: English

Parties

Applicant: Lotion LLC (Woodland Hills, California, United States) (represented by: A. Deutsch, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for European Union word mark BLACK IRISH — Application for registration No 18 189 156

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 June 2021 in Case R 199/2021-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | allow the contested application for the contested goods and those goods currently claimed in the application; |

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| — | order EUIPO to pay the costs incurred by the applicant including in the proceedings before the Board of Appeal. |

Pleas in law

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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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| — | 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 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of general principles of European Union law, in particular the principle of equal treatment and the principle of sound administration. |

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