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Case T-831/17: Action brought on 29 December 2017 — DRH Licensing & Managing v EUIPO — Merck (Flexagil)
ECLI:EU:UNKNOWN:62017TN0831
62017TN0831
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12.2.2018
Official Journal of the European Union
C 52/43
(Case T-831/17)
(2018/C 052/57)
Language in which the application was lodged: German
Parties
Applicant: DRH Licensing & Managing AG (Zürich, Switzerland) (represented by: S. Salomonowitz, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Merck KGaA (Darmstadt, 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 including the word element ‘Flexagil’ — EU trade mark No 7 301 237
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 17 October 2017 in Case R 2043/2016-4
Form of order sought
The applicant claims that the Court should:
—annul decision R 2043/2016-4 of the Board of Appeal of 17 October 2017 in its entirety;
—order EUIPO to pay the costs incurred by the applicant in these proceedings and in the appeal proceedings relating to Case R 2043/2016.
Pleas in law
—Infringement of Article 58(1)(a) of Regulation 2017/1001;
—Infringement of Article 18 of Regulation 2017/1001.