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Case T-224/16: Action brought on 10 March 2016 — Messe Friedrichshafen v EUIPO — El Corte Inglés (Out Door)
ECLI:EU:UNKNOWN:62016TN0224
62016TN0224
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27.6.2016
Official Journal of the European Union
C 232/34
(Case T-224/16)
(2016/C 232/44)
Language in which the application was lodged: German
Parties
Applicant: Messe Friedrichshafen GmbH (Friedrichshafen, Germany) (represented by: W. Schulte Hemming, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)
Details of the proceedings before EUIPO
Applicant: Messe Friedrichshafen GmbH
Trade mark at issue: EU figurative mark in black, yellow and orange containing the word element ‘Out Door’ — Application for registration No 6 938 864
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 February 2016 in Case R 2302/2011-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it refuses the registration of the trade mark ‘Out Door’ (Registration No: 006938864) in respect of goods and services in classes 9, 16, 25, 28, 35, 37, 38, 41, 42, 43 and 45;
—in the alternative, annul the contested decision in so far as it refuses the trade mark ‘Out Door’ (Registration No: 006938864) in respect of the following goods and services in class 35: ‘arranging and conducting of congresses, conferences, seminars and workshops, trade fairs and exhibitions for commercial and advertising purposes, including on the Internet and other electronic media; organisation of participation in exhibitions; sales promotion and brokering of trade, service and business contacts and commercial transactions for consumer goods and industrial products on the Internet and other electronic media, including by means of a virtual trade fair; providing and rental of floor space and exhibition stands, including associated equipment (included in this class); advertising for exhibitors; decoration of exhibition stands and platforms’;
—order EUIPO to pay the costs incurred by the applicant.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 76 of Regulation No 207/2009.