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Case T-189/16: Action brought on 27 April 2016 – Migros-Genossenschafts-Bund v EUIPO – Luigi Lavazza (CReMESPRESSO)
ECLI:EU:UNKNOWN:62016TN0189
62016TN0189
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Official Journal of the European Union
C 232/24
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(Case T-189/16)
(2016/C 232/32)
Language in which the application was lodged: English
Parties
Applicant: Migros-Genossenschafts-Bund (Zürich, Switzerland) (represented by: M. Treis, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Luigi Lavazza SpA (Torino, Italy)
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: EU figurative mark containing the word element ‘CReMESPRESSO’ – EU trade mark No 8 919 541
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 February 2016 in Case R 2823/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision as far as it allows the CTM proprietor’s appeal and annuls the decision of the EUIPO of 24 October 2014 in part, namely for ‘ice cream makers, ice cream machines, and coffee machines’ in Class 11, and ‘electric ice crushers’ in Class 7;
—order the Respondent and Intervener to pay the costs of this Appeal.
Plea in law
—Infringement of Article 53(1)(a) of CTMR.
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