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Case T-140/21: Action brought on 5 March 2021 — Apologistics v EUIPO — Kerckhoff (apo-discounter.de)
ECLI:EU:UNKNOWN:62021TN0140
62021TN0140
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10.5.2021
EN
Official Journal of the European Union
C 182/60
(Case T-140/21)
(2021/C 182/81)
Language of the case: English
Parties
Applicant: Apologistics GmbH (Markkleeberg, Germany) (represented by: H. Hug, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Markus Kerckhoff (Bergisch Gladbach, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark apo-discounter.de in red and yellow — European Union trade mark No 9 435 496
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 8 December 2020 in Case R 1439/2019-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision to the extent that the European Trademark apo-discounter.de (No. 9 435 496) was declared invalid for the following services:
Class 35 — Retail services in relation to pharmacy products, chemicals, household goods and goods for the health sector;
—order EUIPO to bear the costs of the proceeding.
Plea in law
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.