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Case T-169/19: Action brought on 19 March 2019 — Style & Taste v EUIPO — The Polo/Lauren Company (Representation of a polo player)
ECLI:EU:UNKNOWN:62019TN0169
62019TN0169
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Official Journal of the European Union
C 155/56
(Case T-169/19)
(2019/C 155/66)
Language in which the application was lodged: Spanish
Parties
Applicant: Style & Taste, SL (Madrid, Spain) (represented by: L. Plaza Fernández-Villa, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: The Polo/Lauren Company LP (New York, New York, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Figurative mark (Representation of a polo player) — European Union trade mark No 4 049 201
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of
7 January 2019 in Case R 1272/2018-5
Form of order sought
The applicant claims that the General Court should declare that Community trade mark No 4 049 201 was preceded by industrial design 24087 and, consequently, declare that EU trade mark No 4 049 201, the property of PRL, lacks distinctiveness as laid down in the applicable rules and, consequently, annul that EU trade mark.
Pleas in law
—Infringement of Article 53(2) of Council Regulation (EU) No 207/2009.
—Infringement of national legislation on legal protection of an industrial design, and of the Intellectual Property Act.