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Case T-6/17: Action brought on 4 January 2017 — Equivalenza Manufactory v EUIPO — ITM Entreprises (BLACK LABEL BY EQUIVALENZA)
ECLI:EU:UNKNOWN:62017TN0006
62017TN0006
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27.2.2017
Official Journal of the European Union
C 63/38
(Case T-6/17)
(2017/C 063/49)
Language in which the application was lodged: Spanish
Parties
Applicant: Equivalenza Manufactory, SL (Barcelona, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: ITM Entreprises SA (Paris, France)
Details of the proceedings before EUIPO
Applicant: The applicant
Trade mark at issue: European Union figurative mark containing the word elements ‘BLACK LABEL BY EQUIVALENZA’ — Application for registration No 13 576 616
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 11 October 2016 in Case R 690/2016-2
Form of order sought
The applicant claims that the Court should:
—uphold the present action and accordingly annul the contested decision;
—order EUIPO, as defendant, and, as appropriate, the other party to the proceedings, ITM Entreprises, to pay the costs of the present proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.