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Case T-445/18: Action brought on 16 July 2018 — Peek & Cloppenburg v EUIPO — Peek & Cloppenburg (Peek & Cloppenburg)
ECLI:EU:UNKNOWN:62018TN0445
62018TN0445
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3.9.2018
Official Journal of the European Union
C 311/18
(Case T-445/18)
(2018/C 311/19)
Language in which the application was lodged: German
Parties
Applicant: Peek & Cloppenburg KG, Düsseldorf (Düsseldorf, Germany) (represented by: P. Lange, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Peek & Cloppenburg KG, Hamburg (Hamburg, Germany)
Details of the proceedings before EUIPO
Party applying for the trade mark at issue: Applicant
Trade mark at issue: EU word mark Peek & Cloppenburg — Application for registration No 2 791 416
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 24 January 2018 in Case R 1270/2007-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Paragraph 15(2) of the German Law on trade marks;
—Infringement of Article 8(4)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Paragraph 15(3) of the German Law on trade marks;
—Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 63 of Council Regulation (EC) No 207/2009, read in conjunction with Rule 20(7)(c) of Commission Regulation (EC) No 2868/95.