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Case T-24/17: Action brought on 17 January 2017 — LA Superquimica v EUIPO — D-Tack (D-TACK)
ECLI:EU:UNKNOWN:62017TN0024
62017TN0024
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Official Journal of the European Union
C 86/30
(Case T-24/17)
(2017/C 086/39)
Language in which the application was lodged: English
Parties
Applicant: LA Superquimica, SA (Barcelona, Spain) (represented by: A. Canela Giménez, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: D-Tack GmbH (Hüttlingen, Germany)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark ‘D-TACK’ — Application for registration No 9 650 847
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 15 November 2016 in Case R 1983/2015-4
Form of order sought
The applicant claims that the Court should:
—annul the EUIPO decision dated 15/11/2016;
—order EUIPO and those whose oppose this request to pay the costs.
Pleas in law
—The Board of Appeal failed to consider Sitadex extracts concerning Spanish trade mark registration Nos: 2515958, 2516679, 2542249, 2591412 and 2668711 submitted by the applicant;
—The Board of Appeal failed to consider the proof of use submitted by the applicant.