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Case T-215/17: Action brought on 7 April 2017 — Pear Technologies v EUIPO — Apple (PEAR)
ECLI:EU:UNKNOWN:62017TN0215
62017TN0215
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Valentina R., lawyer
29.5.2017
EN
Official Journal of the European Union
C 168/33
(Case T-215/17)
(2017/C 168/44)
Language in which the application was lodged: English
Parties
Applicant: Pear Technologies Ltd (Macau, China) (represented by: J. Coldham, Solicitor and E. Himsworth, QC)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Apple Inc. (Cupertino, California, United States)
Details of the proceedings before EUIPO
Applicant: Applicant
Trade mark at issue: EU figurative mark containing the word element ‘PEAR’ — Application for registration No 13 115 076
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 January 2017 in Case R 860/2016-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision; and/or
—remit the matter for further consideration by the Board of Appeal;
—order EUIPO to pay the costs of the proceedings, including the costs incurred by the Applicant before the Board of Appeal;
—order the other party to the proceedings before the Board of Appeal, should it intervene, to pay the costs of the proceedings, including the costs incurred by the Applicant before the Board of Appeal.
Plea in law
—Infringement of Article 8(5) of Regulation No 207/2009.