4.11.2019

EN

Official Journal of the European Union

C 372/36

(Case T-626/19)

(2019/C 372/38)

Language of the case: German

Parties

Applicant: Daw SE (Ober-Ramstadt, Germany) (represented by: A. Haberl, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Registration of the European Union word mark ‘SOS Loch- und Rissfüller’ — Application for registration No 17 870 692

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 18 July 2019 in Case R 278/2019-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—annul the Decision of EUIPO of 7 January 2019 in so far as it rejects the application for registration of the mark ‘SOS Loch- und Rissfüller’ in respect of the following goods:

—‘Class 1 — Chemicals used in industry; Masonry preservatives and dampers, roof tiles, cements and concrete, except paints and oils; Synthetic resins, synthetic resins and unprocessed plastics; Solvents (chemical -); Fillers for use in coating paints (not included in other classes)

—Class 2 — Raw natural resins

—Class 19 — Mortar for building construction; Quartz; Coatings (building materials); Cleaning preparations; Compositions for building devices; Filaments being building materials; Fabrics for building purposes, not of metal or predominantly non-metallic materials, in particular stabilising fabric’;

—order EUIPO to allow the application for registration to be published, as lodged;

—order EUIPO to pay the costs.

Plea in law

—Infringement of Article 7(1)(b) and (c) and (2) of Regulation No 2017/1001.