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Case T-401/17: Action brought on 27 June 2017 — Tengelmann Warenhandelsgesellschaft v EUIPO — C & C IP (T)
ECLI:EU:UNKNOWN:62017TN0401
62017TN0401
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14.8.2017
Official Journal of the European Union
C 269/34
(Case T-401/17)
(2017/C 269/46)
Language in which the application was lodged: English
Parties
Applicant: Tengelmann Warenhandelsgesellschaft KG (Mülheim an der Ruhr, Germany) (represented by: H. Prange, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: C & C IP Sàrl (Luxembourg, Luxembourg)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘T’ — Application for registration No 11 623 022
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 4 April 2017 in Case R 502/2015-5
Form of order sought
The applicant claims that the Court should:
—set aside the contested decision and amend it to the effect that the opposition is rejected in its entirety;
—order the defendant and, as the case may be, the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including the costs of the appeal proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.