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Case T-288/18: Action brought on 4 May 2018 — M. I. Industries v EUIPO — Natural Instinct (NATURE’S VARIETY INSTINCT)
ECLI:EU:UNKNOWN:62018TN0288
62018TN0288
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(Case T-288/18)
Language in which the application was lodged: English
Parties
Applicant: M. I. Industries, Inc. (Lincoln, Nebraska, United States) (represented by: M. Montañá Mora and S. Sebe Marin, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Natural Instinct Ltd (Camberley, United Kingdom)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant
Trade mark at issue: EU word mark NATURE’S VARIETY INSTINCT — Application for registration No 14 290 589
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 28/02/2018 in Case R 1658/2017-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and -if applicable- the Opponent to jointly and severally pay all the costs of these proceedings.
Plea in law
—Infringement of Article 8(1) (b) of Regulation No 2017/1001.