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Case T-356/16: Action brought on 4 July 2016 — Brita v EUIPO — Aquis Wasser-Luft-Systeme (maxima)
ECLI:EU:UNKNOWN:62016TN0356
62016TN0356
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22.8.2016
EN
Official Journal of the European Union
C 305/50
(Case T-356/16)
(2016/C 305/67)
Language in which the application was lodged: German
Parties
Applicant: Brita GmbH (Taunusstein, Germany) (represented by: S. Maaßen, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Aquis Wasser-Luft-Systeme GmbH (Rebstein, Switzerland)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: International registration No 1 128 639 designating the European Union
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 May 2016 in Case R 99/2015-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and the decision of the Opposition Division of 11 November 2014 and alter them to the effect that the opposition is granted and the extension of international registration IR 1128639 ‘MAXIMA’ to the field of EU trade marks is denied;
—order the defendant to pay the costs of the action and the appeal proceedings.
Pleas in law
—Infringement of Article 8(1)(b) and Article 43(2) and (3) of Regulation No 207/2009;
—Infringement of Article 42(2) and (3) of Regulation No 207/2009.