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Case T-12/18: Action brought on 11 January 2018 — Zweirad-Center Stadler v EUIPO — Triumph Designs (Triumph)
ECLI:EU:UNKNOWN:62018TN0012
62018TN0012
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26.2.2018
Official Journal of the European Union
C 72/47
(Case T-12/18)
(2018/C 072/61)
Language in which the application was lodged: English
Parties
Applicant: Zweirad-Center Stadler GmbH (Regensburg, Germany) (represented by: P. Ruess and A. Doepner-Thiele, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Triumph Designs Ltd (Swadlincote, United Kingdom)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘Triumph’ — Application for registration No 6 717 672
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 2 November 2017 in Case R 665/2017-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision to the extent that it refused the trade mark application for the goods in classes 9, 12 and 25;
—reject the opposition in its entirety and allow the trade mark to be registered for those goods, or, in the alternative, refer the case back to EUIPO in order that it may adopt the consequent measures;
—order EUIPO and the other party to the proceedings before the Board of Appeal of EUIPO to pay the costs incurred by the applicant.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.