EN

Official Journal of the European Union

C 122/27

(Case T-80/19)

(2019/C 122/31)

Language in which the application was lodged: German

Parties

Applicant: Dekoback GmbH (Helmstadt-Bargen, Germany) (represented by: V. von Moers, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: DecoPac, Inc. (Anoka, Minnesota, United States)

Details of the proceedings before EUIPO

Proprietor of the mark at issue: Other party to the proceedings before the Board of Appeal

Mark at issue: EU word mark DECOPAC — EU trade mark No 160 747

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 November 2018 in Case R 1795/2017-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and declare invalid, in its entirety, the trade mark DECOPAC registered for the other party to the proceedings before the Board of Appeal.

Pleas in law

—No confidentiality of business data;

—Infringement of the right to be heard;

—No submission of invoices to any significant extent;

—No use of the trade mark as the other party’s own brand;

—Sale also to consumers was planned but did not take place;

—A distinction between edible and inedible decorations is necessary.