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Case T-261/21: Action brought on 17 May 2021 — Sturz v EUIPO — Clatronic International (STEAKER)
ECLI:EU:UNKNOWN:62021TN0261
62021TN0261
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19.7.2021
EN
Official Journal of the European Union
C 289/39
(Case T-261/21)
(2021/C 289/55)
Language in which the application was lodged: German
Parties
Applicant: Manfred Sturz (Schorndorf, Germany) (represented by: B. Bittner, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Clatronic International GmbH (Kempen, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: European Union word mark ‘STEAKER’ — European Union trade mark No 16 707 465
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of EUIPO of 4 March 2021 in Case R 214/2020-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs;
—order any intervener to bear its own costs;
—in the further alternative, refer the case back to the Board of Appeal.
Pleas in law
—Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Denial of right to be heard within the meaning of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Failure to carry out a full examination and distortion of facts and evidence pursuant to Article 72(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Misuse of power by the Board of Appeal in not admitting evidence.