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Valentina R., lawyer
(2016/C 462/41)
Language in which the application was lodged: Italian
Applicant: Mapei SpA (Milan, Italy) (represented by: F. Caricato, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Steenfabrieken Vandersanden NV (Bilzen, Belgium)
Party applying for the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark containing the word elements ‘RE-CONzerø’ — Application for registration No 13 031 661
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 21 July 2016 in Case R 2374/2015-1
The applicant claims that the Court should:
—annul the contested decision and, consequently, register mark No 13 031 661 in respect of all the goods claimed, without prejudice to those goods already covered, or, in the alternative, refer the case back to EUIPO in order for it to reverse its own decision by granting registration of the mark in accordance with the findings of the Court;
—order the other party to pay the costs.
—Infringement of Article 8 of Regulation No 207/2009.