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Case T-224/17: Action brought on 19 April 2017 — Adapta Color v EUIPO — Coatings Foreign IP (Bio proof ADAPTA)
ECLI:EU:UNKNOWN:62017TN0224
62017TN0224
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26.6.2017
EN
Official Journal of the European Union
C 202/22
(Case T-224/17)
(2017/C 202/37)
Language in which the application was lodged: Spanish
Parties
Applicant: Adapta Color, SL (Peniscola, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Coatings Foreign IP Co. LLC (Wilmington, Delaware, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark containing the word elements ‘Bio proof ADAPTA’ — European Union trade mark No 4 368 239
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 February 2017 in Case R 2521/2015-5
Form of order sought
The applicant claims that the Court should:
—uphold the present action in its entirety;
—annul the contested decision;
—order the defendant and, where appropriate, the intervener, to pay the costs of the present proceedings, as well as the costs incurred in the proceedings for a declaration of invalidity and the subsequent appeal proceedings before EUIPO.
Pleas in law
The pleas in law and main arguments are the same as those put forward in Case T-223/17.