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Case T-521/21: Action brought on 26 August 2021 — 6Minutes Media v EUIPO — ad pepper media International (ad pepper the e-advertising network)
ECLI:EU:UNKNOWN:62021TN0521
62021TN0521
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Valentina R., lawyer
18.10.2021
EN
Official Journal of the European Union
C 422/26
(Case T-521/21)
(2021/C 422/35)
Language in which the application was lodged: German
Parties
Applicant: 6Minutes Media GmbH (Berlin, Germany) (represented by: N. Marquard and P. Koch, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: ad pepper media International NV (Nuremberg, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU figurative mark ad pepper the e-advertising network in grey and red — EU trade mark No 9 680 737
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 June 2021 in Case R 1621/2020-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it dismissed the application for revocation of EU trade mark No 9 680 737 and revoke EU trade mark No 9 680 737 in its entirety;
—order the defendant and — in the event of formal intervention — also the other party before the Board of Appeal to pay the costs of the proceedings, including the costs incurred by the applicant.
Pleas in law
—Infringement of Article 58(1)(a) in conjunction with Article 18(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 58(1)(a) in conjunction with Article 18(1)(2)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by the defendant’s decision which is vitiated by an error of law without proof of genuine use.