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Case T-136/20: Action brought on 2 March 2020 — Ardex v EUIPO — Chen (ArtiX PAINTS)
ECLI:EU:UNKNOWN:62020TN0136
62020TN0136
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11.5.2020
Official Journal of the European Union
C 161/49
(Case T-136/20)
(2020/C 161/61)
Language in which the application was lodged: German
Parties
Applicant: Ardex GmbH (Witten, Germany) (represented by: C. Becker, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Lian Chen (Seseña Nuevo, Spain)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for EU figurative mark ArtiX PAINTS — Application for registration No 16 825 614
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 18 November 2019 in Case R 2503/2018-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the other party to pay the costs.
Pleas in law
—Infringement of the procedural rules derived from Article 24 of Commission Implementing Regulation (EU) 2018/626;
—Infringement of the procedural rules derived from Article 7(1) of Commission Delegated Regulation (EU) 2018/625;
—Breach of the principle of the right to a fair hearing;
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.