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Case T-298/19: Action brought on 13 May 2019 — Think Schuhwerk v EUIPO (Shape of red shoelace aglets)
ECLI:EU:UNKNOWN:62019TN0298
62019TN0298
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Official Journal of the European Union
C 220/44
(Case T-298/19)
(2019/C 220/54)
Language of the case: German
Parties
Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for an EU position mark (Shape of red shoelace aglets) — Application for registration No 15 152 606
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 1 March 2019 in Case R 1170/2018-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to bear its own costs and pay the costs incurred by the applicant.
Pleas in law
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the principle of equal treatment;
—Infringement of the right to a fair hearing.