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Case T-206/21: Action brought on 16 April 2021 — Kalita and Haas v EUIPO — Kitzbühel Tourismus (Representation of two animals)
ECLI:EU:UNKNOWN:62021TN0206
62021TN0206
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7.6.2021
Official Journal of the European Union
C 217/66
(Case T-206/21)
(2021/C 217/83)
Language in which the application was lodged: German
Parties
Applicants: Oliver Kalita (Jochberg, Austria) and Christian Haas (Kitzbühel, Austria) (represented by: G. Donath, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Kitzbühel Tourismus, Körperschaft des öffentlichen Rechts (Kitzbühel, Austria)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicants
Trade mark at issue: Application for registration of EU figurative mark (Representation of two animals) — Application for registration No 17 997 789
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 2 February 2021 in Case R 863/2020-1
Form of order sought
The applicants claim that the Court should:
—annul the contested decision;
in the alternative,
—alter the contested decision to the effect that the appeal is dismissed in its entirety and, consequently, reinstate the decision of the Opposition Division of EUIPO of 6 April 2020;
—in any event, order the defendant and/or the other party as a qualified intervener to pay all the costs of the proceedings.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.