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Case T-315/22: Action brought on 27 May 2022 — Yayla Türk v EUIPO — Marmara Import-Export (Sütat)

ECLI:EU:UNKNOWN:62022TN0315

62022TN0315

May 27, 2022
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18.7.2022

EN

Official Journal of the European Union

C 276/19

(Case T-315/22)

(2022/C 276/28)

Language in which the application was lodged: German

Parties

Applicant: Yayla Türk Lebensmittelvertrieb GmbH (Krefeld, Germany) (represented by: J. Bühling and D. Graetsch, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Marmara Import-Export GmbH (Ratingen, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark ‘Sütat’ — EU trade mark No 5 414 561

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 2 March 2022 in Case R 1184/2021-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

reject Marmara Import-Export GmbH’s application of 17 June 2020 for a declaration of invalidity in respect of EU trade mark No 44 583 C; in the alternative: refer the case back to EUIPO for a further hearing and decision;

order the defendant to pay the costs of the proceedings, including those incurred in the proceedings before the Board of Appeal.

Pleas in law

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of the right to be heard.

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