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Case T-713/18: Action brought on 3 December 2018 — Esim Chemicals v EUIPO — Sigma-Tau Industrie Farmaceutiche Riunite (ESIM Chemicals)
ECLI:EU:UNKNOWN:62018TN0713
62018TN0713
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4.2.2019
EN
Official Journal of the European Union
C 44/78
(Case T-713/18)
(2019/C 44/104)
Language of the case: English
Parties
Applicant: Esim Chemicals GmbH (Linz, Austria) (represented by: I. Rungg and I. Innerhofer, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Sigma-Tau Industrie Farmaceutiche Riunite (Rome, Italy)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union word mark ESIM Chemicals — Application for registration No 14 465 331
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 2 October 2018 in Case R 1267/2018-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—resume the appeal proceedings and follow the arguments brought forward in the appeal R 1267/2018-5;
—in eventu, permit the application to reopen the proceedings of 29 October 2018, for a substantive decision by the Fifth Board of Appeal;
—order the defendant to bear the costs of the procedure.
Plea in law
—Infringement of Article 68 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.