10.8.2020

Official Journal of the European Union

C 262/28

(Case T-250/20)

(2020/C 262/38)

Language in which the application was lodged: German

Parties

Applicant: Moviescreens Rental GmbH (Damme, Germany) (represented by: D. Schulz and P. Stelzig, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: the airscreen company GmbH & Co. KG (Münster, Germany)

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 figurative mark AIRSCREEN — EU trade mark No 3 244 662

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 12 February 2020 in Case R 2527/2018-4

Form of order sought

The applicant claims that the Court should:

—amend the contested decision, in so far as in it, the Board of Appeal upheld the decision of the Cancellation Division, which had rejected the application for invalidity of the contested trade mark in relation to the goods at issue in

Class 9 Inflatable motion picture screens; giant screens; silver screens

Class 17 Polyvinyl chloride (PVC) frames fillable with air; flexible PVC surfaces

Class 19 Transportable structures, not of metal; giant screen frames, not of metal;

—order EUIPO to pay the costs.

Pleas in law

—Infringement of Article 59(1)(a) and Article 59(3), in conjunction with Article 7(1)(c), of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 59(1)(a) and Article 59(3), in conjunction with Article 7(1)(b), of Regulation (EU) 2017/1001 of the European Parliament and of the Council.