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Case T-537/21: Action brought on 1 September 2021 — bett1.de v EUIPO — XXXLutz Marken (BODY STAR)
ECLI:EU:UNKNOWN:62021TN0537
62021TN0537
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Valentina R., lawyer
18.10.2021
Official Journal of the European Union
C 422/32
(Case T-537/21)
(2021/C 422/42)
Language in which the application was lodged: German
Parties
Applicant: bett1.de GmbH (Berlin, Germany) (represented by: O. Brexl, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: XXXLutz Marken GmbH (Wels, Austria)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for EU word mark BODY STAR — Application for registration No 18 023 614
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 June 2021 in Joined Cases R 1711/2020-2 and R 1727/2020-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order the defendant to pay the costs of the proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.