EN
16.5.2022
Official Journal of the European Union
C 198/51
Operative part of the order 1.
The action is dismissed as inadmissible. 2.
There is no longer any need to adjudicate on the application for leave to intervene submitted by Moderna Biotech Spain SL. 3.
Ms Karin Agreiter and the other applicants whose names are listed in the Annex shall pay the costs. 4.
Moderna Biotech Spain shall bear its own costs related to the application for leave to intervene.
(1)
OJ C 471, 22.11.2021.
Action brought on 11 March 2022 — Deckers Outdoor v EUIPO — Chunxian (TULEUGG) (Case T-135/22) (2022/C 198/75) Language in which the application was lodged: English Parties Applicant: Deckers Outdoor Corp.
(Goleta, California, United States) (represented by: A. Improda and C. Brega, lawyers) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Guo Chunxian (Mengzhou, China)
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: Application for European Union word mark TULEUGG — Application for registration No 18 156 704 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 17 December 2021 in Case R 412/2021-5
Form of order sought The applicant claims that the Court should: — annul and overturn the contested decision; — as a consequence, reject the application for registration no. 18 156 704 for the trademark TULEUGG; — order EUIPO and/or Mr Chunxian to pay the legal fees related to the present proceedings, as well as the ones related to the previous proceedings held before the Opposition Division and the Fifth Board of Appeal.
Pleas in law — Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; — Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.