25.11.2019

Official Journal of the European Union

C 399/98

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(Case T-677/19)

(2019/C 399/116)

Language of the case: English

Parties

Applicant: Polfarmex S.A. (Kutno, Poland) (represented by: B. Matusiewicz-Kulig, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Arkadiusz Kaminski (Etobicoke, Ontario, Canada)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union word mark SYRENA – European Union trade mark No 9 262 767

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 11 July 2019 in Joined Cases R 1861/2018-2 and R 1840/2018-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in the part declaring the trade mark at issue to remain in force for “cars” in class 12;

—alter the contested decision by declaring the trade mark at issue revoked in its entirety, including the goods “cars” in class 12 due to lack of genuine use;

alternatively,

—remit the case to the EUIPO;

—order the EUIPO to pay the costs of the proceedings.

Pleas in law

—Infringement of Articles 94(1) and 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with paragraph 42 of the preamble of that Regulation and Article 55(1) of Commission Delegated Regulation (EU) 2018/625;

—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Articles 18(1), 58(1)(a) and 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Articles 94(1), 95(1) and paragraph 42 of the preamble of that Regulation and Article 55(1) of Commission Delegated Regulation (EU) 2018/625;

—Infringement of Articles 58(2) and 64(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Articles 94(1), 64(1) and paragraph 42 of the preamble of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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