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ECLI:EU:UNKNOWN:62017TN0041
62017TN0041
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27.3.2017
EN
Official Journal of the European Union
C 95/16
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Action brought on 24 January 2017 — Lotte v EUIPO — Nestlé Schöller (Representation of a koala)
(Case T-41/17)
(2017/C 095/25)
Language in which the application was lodged: German
Parties
Applicant: Lotte Co. Ltd (Tokyo, Japan) (represented by: M. Knitter, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Nestlé Schöller GmbH & Co. KG (Nuremberg, Germany)
Details of the proceedings before EUIPO
Applicant for an EU trade mark: Applicant
Trade mark at issue: EU figurative mark (Representation of a koala) — Application for registration No 6 158 463
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 28 October 2016 in Case R 250/2016-5
Form of order sought
The applicant claims that the Court should
—annul the contested decision;
—reject the opposition in its entirety;
—order EUIPO to pay the costs of these proceedings.
Pleas in law
—Infringement of Article 42(2) and (3) of Regulation No 207/2009;
—Infringement of Rule 22(3) of Regulation No 2868/95;
—Infringement of Article 15(1)(a) of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009.
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