Source: EURLEX
Language: en
Format: md

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| 18.10.2021 | EN | Official Journal of the European Union | C 422/26 |

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Action brought on 26 August 2021 — 6Minutes Media v EUIPO — ad pepper media International (ad pepper the e-advertising network)

(Case T-521/21)

(2021/C 422/35)

Language in which the application was lodged: German

Parties

Applicant: 6Minutes Media GmbH (Berlin, Germany) (represented by: N. Marquard and P. Koch, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: ad pepper media International NV (Nuremberg, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU figurative mark ad pepper the e-advertising network in grey and red — EU trade mark No 9 680 737

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 June 2021 in Case R 1621/2020-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision in so far as it dismissed the application for revocation of EU trade mark No 9 680 737 and revoke EU trade mark No 9 680 737 in its entirety; |

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| — | order the defendant and — in the event of formal intervention — also the other party before the Board of Appeal to pay the costs of the proceedings, including the costs incurred by the applicant. |

Pleas in law

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| — | Infringement of Article 58(1)(a) in conjunction with Article 18(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 58(1)(a) in conjunction with Article 18(1)(2)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by the defendant’s decision which is vitiated by an error of law without proof of genuine use. |

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