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Case T-89/17: Action brought on 7 February 2017 — Erwin Müller v EUIPO — Novus Tablet Technology Finland (NOVUS)
ECLI:EU:UNKNOWN:62017TN0089
62017TN0089
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10.4.2017
EN
Official Journal of the European Union
C 112/43
(Case T-89/17)
(2017/C 112/60)
Language in which the application was lodged: German
Parties
Applicant: Erwin Müller GmbH (Lingen, Germany) (represented by: N. Grüger, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Novus Tablet Technology Finland Oy (Turku, Finland)
Details of the proceedings before EUIPO
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark ‘NOVUS’ — Application for registration No 13 206 611
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 28 November 2016 in Case R 2413/2015-4
Form of order sought
The applicant claims that the Court should:
—Annul in part the contested decision and the decision of the Opposition Division of the European Union Intellectual Property Office of 2 October 2015, Application No B 2 456 336, namely in so far as they relate to goods in Class 9 — ‘bags adapted for laptops; holders adapted for mobile phones; computer peripheral devices’;
—order EUIPO to pay the costs of the proceedings.
Pleas in law
—Infringement of Article 8(1)(a) of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009.