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Case T-297/22: Action brought on 20 May 2022 — BB Services v EUIPO — Lego Juris (Shape of a toy figure with a protrusion on the head)
ECLI:EU:UNKNOWN:62022TN0297
62022TN0297
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4.7.2022
EN
Official Journal of the European Union
C 257/49
(Case T-297/22)
(2022/C 257/64)
Language in which the application was lodged: German
Parties
Applicant: BB Services GmbH (Flörsheim am Main, Germany) (represented by: M. Krogmann, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Lego Juris A/S (Billund, Denmark)
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: EU three-dimensional mark (Shape of a toy figure with a protrusion on the head) — EU trade mark No 50 450
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 16 March 2022 in Case R 1355/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and declare EU trade mark No 50 450 invalid;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 7(1)(e)(i) 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.