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Case T-532/19: Action brought on 29 July 2019 — EC Brand Comércio, Importação e Exportação de Vestuário em Geral v EUIPO (pantys)
ECLI:EU:UNKNOWN:62019TN0532
62019TN0532
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16.9.2019
EN
Official Journal of the European Union
C 312/46
(Case T-532/19)
(2019/C 312/38)
Language of the case: English
Parties
Applicant: EC Brand Comércio, Importação e Exportação de Vestuário em Geral LTDA (Sorocaba, Brazil) (represented by: B. Bittner and U. Heinrich, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for European Union figurative mark pantys– Application for registration No 17 869 310
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 22 May 2019 in Case R 314/2019-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it dismissed the appeal regarding the following goods and services:
—class 05: hygienic absorbents, sanitary napkins, sanitary towels, incontinence pads;
—class 35: online retail trade services of women’s sanitary products;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Widely use in the European Union.