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Case T-296/19: Action brought on 6 May 2019 — Sumol + Compal Marcas v EUIPO — Heretat Mont-Rubi (SUM011)
ECLI:EU:UNKNOWN:62019TN0296
62019TN0296
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24.6.2019
EN
Official Journal of the European Union
C 213/82
(Case T-296/19)
(2019/C 213/78)
Language of the case: English
Parties
Applicant: Sumol + Compal Marcas, SA (Carnaxide, Portugal) (represented by: J. Pimenta and A. Sebastião, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Heretat Mont-Rubi, SA (Font-Rubi, Spain)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for European Union word mark SUM011 — Application for registration No 13 761 168
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 12 February 2019 in Case R 1662/2018-5
Form of order sought
The applicant claims that the Court should:
—alter the contested decision and order the refusal of EUTM Application No. 13 761 168 SUM011 for the remaining services in classes 35 and 39;
—order the other parties to bear the costs of the present proceedings, as well as those of the opposition and appeal proceedings before EUIPO.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.