Source: EURLEX
Language: en
Format: md

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| 1.8.2016 | EN | Official Journal of the European Union | C 279/30 |

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Action brought on 10 May 2016 — GP Joule PV v EUIPO — Green Power Technologies (GPTech)

(Case T-235/16)

(2016/C 279/44)

Language in which the application was lodged: English

Parties

Applicant: GP Joule PV GmbH & Co. KG (Reußenköge, Germany) (represented by: F. Döring, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Green Power Technologies, SL (Bollullos de la Mitación, Spain)

Details of the proceedings before EUIPO

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

Trade mark at issue: EU figurative mark containing the word elements ‘GPTech’ — Application for registration No 12 593 869

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 9 February 2016 in Case R 848/2015-2

Form of order sought

The applicant claims that the Court should:

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| — | alter the contested decision and reject the applicant’s trademark application No 12 593 869; |

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| — | as a conditional application, annul the contested decision. |

Pleas in law

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| — | Infringement of the Regulation No 207/2009 as the information requirements stated by Rule 17(4) of Regulation No 2868/95 which is dedicated to protect the opponent was not held applicable; |

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| — | Infringement of an essential procedural requirement as the procedure was unfair to the opponent pursuant to Article 6 of the Convention and Article 47 of the Charter of fundamental rights. |

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| — | Failure of the Office to inform the opponent that prerequisites as stated in Rule 20(1) of Regulation No 2868/95 were not fulfilled; |

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| — | Wrong application of Rule 76(2) of Regulation No 2868/95, as the procedure was unfair to the opponent in the light of deficiencies of the e-filing opposition form and of the information provided by the opposition division; |

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

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