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Case T-144/19: Action brought on 7 March 2019 — Kludi v EUIPO — Adlon Brand (ADLON)
ECLI:EU:UNKNOWN:62019TN0144
62019TN0144
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15.4.2019
EN
Official Journal of the European Union
C 139/107
(Case T-144/19)
(2019/C 139/109)
Language in which the application was lodged: German
Parties
Applicant: Kludi GmbH & Co. KG (Menden, Germany) (represented by: A. Zafar, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Adlon Brand GmbH & Co. KG (Düren, Germany)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant
Trade mark at issue: Application for EU word mark ADLON — Application for registration No 11 115 961
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 November 2018 in Case R 1500/2018-2
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(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7 of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 27(4) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of the principle that the subject matter of an action is defined by the parties.