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Case T-553/21: Action brought on 7 September 2021 — Agrarfrost v EUIPO — McCain (Shape of a smiley)
ECLI:EU:UNKNOWN:62021TN0553
62021TN0553
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18.10.2021
EN
Official Journal of the European Union
C 422/37
(Case T-553/21)
(2021/C 422/49)
Language in which the application was lodged: German
Parties
Applicant: Agrarfrost GmbH & Co. KG (Wildeshausen, Germany) (represented by: H. Förster and A. Ebert-Weidenfeller, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: McCain GmbH (Eschborn, 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: European Union three-dimensional mark (Shape of a smiley) –European Union trade mark No 1 801 166
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 28 June 2021 in Case R 1088/2020-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order the defendant to pay the costs of the proceedings, including those incurred in the proceedings before the Cancellation Division and the Board of Appeal of the defendant.
Pleas in law
—Infringement of Article 58(1)(a) in conjunction with Article 18(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 10(3) of Commission Delegated Regulation (EU) 2018/625.