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Case T-237/18: Action brought on 9 April 2018 — Martini-Sportswear v EUIPO — Olympique de Marseille (M)

ECLI:EU:UNKNOWN:62018TN0237

62018TN0237

April 9, 2018
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(Case T-237/18)

Language in which the application was lodged: English

Parties

Applicant: Martini-Sportswear GmbH (Annaberg, Austria) (represented by: W. Lang, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Olympique de Marseille SASP (Marseille, France).

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: International registration designating the European Union in respect of the figurative mark M — International registration designating the European Union No 1 238 066

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Forth Board of Appeal of EUIPO of 29 January 2018 in Case R 1755/2017-4.

Form of order sought

The applicant claims that the Court should:

declare the Decision of the Opposition Division of 25 May 2017 invalid;

revise the contested decision, so that the Opposition is to be dismissed;

order EUIPO to pay the costs.

Plea in law

Infringement of Art. 8(1)(b) of Regulation No 2017/1001.

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