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Case T-875/19: Action brought on 23 December 2019 — Impera v EUIPO — Euro Games Technology (Flaming Forties)
ECLI:EU:UNKNOWN:62019TN0875
62019TN0875
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Official Journal of the European Union
C 129/3
(Case T-875/19)
(2020/C 129/03)
Language of the case: English
Parties
Applicant: Impera GmbH (Steinhaus, Austria) (represented by: C. Straberger, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Euro Games Technology Ltd (Vranya-Lozen-Triugulnika, Bulgaria)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union figurative mark Flaming Forties — Application for registration No 16 761 769
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 October 2019 in Case R 2321/2018-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—allow the applicant’s European Union trade mark application No 16 761 769 in its entirety or in the alternative, remit the proceedings to the Board of Appeal;
—order the other party to the proceedings before the Board of Appeal, if acting as intervener, to pay the applicant’s costs;
—order EUIPO, if the other party to the proceedings before the Board of Appeal is not being allocated to costs, to pay the applicant’s costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.