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Case T-199/20: Action brought on 14 April 2020 — Aldi Stores v EUIPO — Dualit (Shape of a toaster)
ECLI:EU:UNKNOWN:62020TN0199
62020TN0199
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15.6.2020
EN
Official Journal of the European Union
C 201/42
(Case T-199/20)
(2020/C 201/55)
Language of the case: English
Parties
Applicant: Aldi Stores Ltd (Atherstone, United Kingdom) (represented by: S. Barker, Solicitor and C. Blythe, Barrister)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Dualit Ltd (Crawley, United Kingdom)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union tridimensional mark (Shape of a toaster) — European Union trade mark No 48 728
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 14 February 2020 in Case R 1034/2019-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and uphold the application for a declaration of invalidity pursuant to Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—alternatively, annul the contested decision and remit the case to the EUIPO, straight to the Cancellation Division or to the Boards of Appeal;
—in the further alternative, annul the contested decision and uphold the application for a declaration of invalidity pursuant to Articles 7(1)(a), (e)(ii) and/or (e)(iii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—order the EUIPO to pay the costs incurred by the applicant in connection with this appeal.
Pleas in law
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of an essential procedural requirement, alternatively infringement of Article 27(2) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 7(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(e)(iii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.