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Case T-325/18: Action brought on 28 May 2018 — VI.TO. v EUIPO — Bottega (Shape of a pink bottle)
ECLI:EU:UNKNOWN:62018TN0325
62018TN0325
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Valentina R., lawyer
(Case T-325/18)
Language in which the application was lodged: Italian
Parties
Applicant: Vinicola Tombacco (VI.TO.) Srl (Trebaseleghe, Italy) (represented by: L. Giove, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Sandro Bottega (Colle Umberto, Italy)
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 pink bottle) – European Union trade mark No 12 309 795
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of EUIPO of 14 March 2018 in Case R 1037/2017-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs.
Pleas in law
—Incorrect assessment of the ground for refusal laid down in Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Incorrect assessment of the ground for refusal laid down in Article 7(1)(e)(i), (ii) and (iii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.