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Case T-587/21: Action brought on 15 September 2021 — lastminute v EUIPO — Scai (B Heroes)
ECLI:EU:UNKNOWN:62021TN0587
62021TN0587
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Official Journal of the European Union
C 462/53
(Case T-587/21)
(2021/C 462/64)
Language in which the application was lodged: Italian
Parties
Applicant: lastminute foundation (Chiasso, Switzerland) (represented by: C. De Marchi and D. Contini, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Scai Comunicazione Srl unipersonale (Potenza, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark B Heroes in magenta and grey — European Union trade mark No 17 582 891
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 July 2021 in Joined Cases R 1245/2020-5 and R 1279/2020-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as the Board of Appeal upheld in part the appeal in Case R 1245/2020-5 and dismissed the appeal in Case R 1279/2020-5;
—accordingly, confirm that European Union trade mark No 17 582 891 remains registered in respect of all the goods and services in Classes 9, 35, 38, 41 and 42;
—order EUIPO to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.