I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(2016/C 392/63)
Language in which the application was lodged: German
Applicant: Deichmann SE (Essen, Germany) (represented by: C. Onken, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Vans, Inc. (Cypress, California, United States of America)
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU position mark (Representation of a bar on the side of a shoe) — Application No 10 263 895
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 6 July 2016 in Case R 408/2015-4
The applicant claims that the Court should:
—amend the contested decision so that the decision of the Opposition Division of 23 December 2014 is annulled, opposition B 001919210 accepted and EU trade mark application No 10 263 895 rejected;
—in the alternative, annul the decision of the Fourth Board of Appeal of 6 July 2016 in Case R 408/2015-4;
—order EUIPO to pay the costs.
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Rules 19(2) and 20(1) and (2) of Regulation (EC) No 2868/95, Articles 151(1) and (2) of Regulation No 207/2009, and the principles of legal certainty and non-retroactivity.