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Case T-238/17: Action brought on 25 April 2017 — Gugler v EUIPO — Gugler France (GUGLER)
ECLI:EU:UNKNOWN:62017TN0238
62017TN0238
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19.6.2017
EN
Official Journal of the European Union
C 195/39
(Case T-238/17)
(2017/C 195/53)
Language in which the application was lodged: English
Parties
Applicant: Alexander Gugler (Maxdorf, Germany) (represented by: M.-C. Simon, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Gugler France (Besançon, France)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark containing the word element ‘GUGLER’ — EU trade mark No 3 324 902
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of EUIPO of 31 January 2017 in Case R 1008/2016-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it regards the cancellation of the EU trade mark registration No 3 324 902 and the obligation to bear the cancellation applicant’s costs of EUR 550;
—order EUIPO to bear the applicant’s costs in relation to the present proceedings.
Plea(s) in law
—Violation of the principle of sound administration;
—Infringement of Articles 8(4) and 54(2) Regulation No 207/2009.