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Case T-349/19: Action brought on 7 June 2019 — Decathlon v EUIPO — Athlon Custom Sportswear (athlon custom sportswear)
ECLI:EU:UNKNOWN:62019TN0349
62019TN0349
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29.7.2019
EN
Official Journal of the European Union
C 255/51
(Case T-349/19)
(2019/C 255/64)
Language of the case: English
Parties
Applicant: Decathlon (Villeneuve-d’Ascq, France) (represented by: A. Cléry and C. Devernay, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Athlon Custom Sportswear P.C. (Kallithea, Greece)
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 figurative mark athlon custom sportswear — Application for registration No 16 162 596
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 27 March 2019 in Case R 1724/2018-2
Form of order sought
The applicant claims that the Court should:
—grant its request;
—annul the contested decision;
—confirm the opposition decision of 6 July 2018 in case No B 002879164;
—refuse the registration of the mark athlon custom sportswear No 016162596;
—order EUIPO to pay the costs of the proceedings, including those incurred in the appeal proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.