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Case T-471/17: Action brought on 28 July 2017 — Edison v EUIPO (EDISON)

ECLI:EU:UNKNOWN:62017TN0471

62017TN0471

July 28, 2017
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18.9.2017

EN

Official Journal of the European Union

C 309/39

(Case T-471/17)

(2017/C 309/52)

Language of the case: Italian

Parties

Applicant: Edison SpA (Milan, Italy) (represented by: F. Boscariol de Roberto, D. Martucci and I. Gatto, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: European Union figurative mark containing the word element ‘EDISON’ — Application for registration No 3 315 991

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 28 April 2017 in Case R 1355/2016-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order EUIPO to pay the costs.

Plea in law

Incorrect exclusion from Class 4 of the Eighth Edition of the Nice Classification of ‘Electricity’ on the ground that it does not fall under the category of ‘fuel (including motor spirits)’, ‘motor fuels’ and ‘illuminants’.

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