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Case T-502/21: Action brought on 16 August 2021 — Philip Morris Products v EUIPO (Device of a combination of lines in black and white forming a square)
ECLI:EU:UNKNOWN:62021TN0502
62021TN0502
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27.9.2021
EN
Official Journal of the European Union
C 391/29
(Case T-502/21)
(2021/C 391/40)
Language of the case: English
Parties
Applicant: Philip Morris Products SA (Neuchâtel, Switzerland) (represented by: L. Alonso Domingo, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for European Union figurative mark (Device of a combination of lines in black and white forming a square) — Application for registration No 18 252 146
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 May 2021 in Case R 78/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to bear its own costs and to pay those of the applicant.
Plea in law
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the perception of the relevant consumers;
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with respect to the trademark at issue.