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Case T-383/20: Action brought on 16 June 2020 — Moloko Beverage v EUIPO — Nexus Liquids (moloko)
ECLI:EU:UNKNOWN:62020TN0383
62020TN0383
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10.8.2020
EN
Official Journal of the European Union
C 262/35
(Case T-383/20)
(2020/C 262/47)
Language in which the application was lodged: German
Parties
Applicant: Moloko Beverage GmbH (Göppingen, Germany) (represented by: D. Wieland, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Nexus Liquids GmbH (Bielefeld, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: European Union word mark ‘moloko’ — European Union trade mark No 16 415 838
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 March 2020 in Case R 1485/2019-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and register European Union trade mark No 16 415 838 also for the goods:
tobacco and tobacco products, including tobacco substitutes; flavourings and solutions for vaporisers for personal use and electronic cigarettes
—order EUIPO to pay the costs of the proceedings before the Court and Nexus Liquids GmbH to pay the costs of the appeal proceedings before EUIPO.
Pleas in law
—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.