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Case T-577/19: Action brought on 19 August 2019 — Leinfelder Uhren München v EUIPO — Schafft (Leinfelder)
ECLI:EU:UNKNOWN:62019TN0577
62019TN0577
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30.9.2019
Official Journal of the European Union
C 328/76
(Case T-577/19)
(2019/C 328/85)
Language in which the application was lodged: German
Parties
Applicant: Leinfelder Uhren München GmbH & Co. KG (Munich, Germany) (represented by: S. Lüft, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Thomas Schafft (Munich, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark Leinfelder — EU trade mark No 13 975 461
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 14 May 2019 in Joined Cases R 1930/2018-2 and R 1937/2018-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as the contested EU trade mark was also revoked for goods in Class 14 (wristwatches) and Class 18 (watch straps);
—dismiss the cancellation applicant’s appeal in Case R 1930/2018-2;
—order EUIPO to pay the costs;
—in the event that the other party participates in the proceedings as intervener, order him to bear his own costs.
Plea in law
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.