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Case T-315/16: Action brought on 20 June 2016 — Tamasu Butterfly Europa v EUIPO — adp Gauselmann (Butterfly)
ECLI:EU:UNKNOWN:62016TN0315
62016TN0315
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8.8.2016
EN
Official Journal of the European Union
C 287/29
(Case T-315/16)
(2016/C 287/35)
Language in which the application was lodged: German
Parties
Applicant: Tamasu Butterfly Europa GmbH (Moers, Germany) (represented by: C. Röhl, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: adp Gauselmann GmbH (Espelkamp, Germany)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark ‘Butterfly’
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 17 March 2016 in Case R 221/2015-1
Form of order sought
The applicant claims that the Court should:
—Alter the contested decision to the effect that the opposition is upheld in its entirety and EU trade mark application No 011757549 is rejected;
—order the other party to pay the costs.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 8(4) of Regulation No 207/2009;
—Infringement of Article 8(5) of Regulation No 207/2009.