Source: EURLEX
Language: en
Format: md

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| 2.3.2020 | EN | Official Journal of the European Union | C 68/60 |

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Action brought on 9 January 2020 — Schneider v EUIPO — Frutaria Comercial de Frutas y Hortalizas (Frutaria.)

(Case T-12/20)

(2020/C 68/68)

Language in which the application was lodged: German

Parties

Applicant: Markus Schneider (Bonn, Germany) (represented by: M. Bergermann and D. Graetsch, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Frutaria Comercial de Frutas y Hortalizas, SL (Zaragoza, Spain)

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 Frutaria. in green (Pantone 363) — EU trade mark No 5 922 885

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 8 October 2019 in Case R 284/2019-1

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision, in so far as it upholds the registration of EU trade mark No 5 922 885 for the following goods:   |  |  | | --- | --- | | — | Class 29: Dried fruits |  |  |  | | --- | --- | | — | Class 31: Fresh fruits and fresh vegetables |  |  |  | | --- | --- | | — | Class 35: Export of fresh fruits; | |

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| — | order EUIPO to pay the costs, including the costs incurred in the appeal proceedings. |

Plea in law

Infringement of Article 58(1)(a) and 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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