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Case T-129/18: Action brought on 01 March 2018 — HMV (Brands) v EUIPO — Our Price Records (OUR PRICE)
ECLI:EU:UNKNOWN:62018TN0129
62018TN0129
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7.5.2018
EN
Official Journal of the European Union
C 161/54
(Case T-129/18)
(2018/C 161/62)
Language in which the application was lodged: English
Parties
Applicant: HMV (Brands) Ltd (London, United Kingdom) (represented by: M. Hicks, and N. Zweck, Barristers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Our Price Records Ltd (London)
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 ‘OUR PRICE’ — Application for registration No 13 636 998
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 15 December 2017 in Case R 838/2017-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs;
—order Our Price Records Limited to pay the costs (if it intervenes in this case);
AND EITHER
—allow HMV’s opposition in its entirety
—remit the case for consideration by EUIPO in light of the annulment of the contested decision.
Plea in law
—Infringement of Article 8(4) of Regulation No 2017/1001.