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Case T-530/21: Action brought on 30 August 2021 — Pierre Lannier v EUIPO — Pierre Lang Trading (PL)

ECLI:EU:UNKNOWN:62021TN0530

62021TN0530

August 30, 2021
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18.10.2021

EN

Official Journal of the European Union

C 422/29

(Case T-530/21)

(2021/C 422/38)

Language in which the application was lodged: French

Parties

Applicant: Pierre Lannier (Ernolsheim-lès-Saverne, France) (represented by: N. Boespflug, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Pierre Lang Trading GmbH (Vienna, 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 EU figurative mark PL — Application for registration No 16 176 992

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 11 June 2021 in Case R 1915/2020-5

Form of order sought

The applicant claims that the Court should:

declare the appeal brought against the opposition decision to be inadmissible because the statement of grounds was not submitted within the time limit;

annul the contested decision is so far as it states that the mark applied for is similar to the earlier mark;

order EUIPO to pay the costs;

order the company Pierre Lang GmbH to pay the costs occasioned by its intervention, should it intervene.

Pleas in law

Infringement of Article 22(1) of Commission Delegated Regulation (EU) 2018/625, and of Article 67 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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