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Case T-451/21: Action brought on 30 July 2021 — Hesse v EUIPO — Wedl & Hofmann (Testa Rossa)
ECLI:EU:UNKNOWN:62021TN0451
62021TN0451
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13.9.2021
EN
Official Journal of the European Union
C 368/33
(Case T-451/21)
(2021/C 368/49)
Language in which the application was lodged: German
Parties
Applicant: Kurt Hesse (Nuremberg, Germany) (represented by: M. Krogmann, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Wedl & Hofmann GmbH (Mils/Hall in Tyrol, Austria)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union word mark Testa Rossa — Application for registration No 13 019 047
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 20 May 2021 in Case R 878/2020-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision to the extent that the opposition should be dismissed also in respect of the following goods:
Class 7 — Bread cutting machines; grating machines for vegetables; coffee grinders (other than hand-operated); electric blenders and kitchen grinders, electric;
Class 21 — Household utensils;
—order EUIPO to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.