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Case T-539/21: Action brought on 1 September 2021 — the airscreen company v EUIPO — Moviescreens Rental (airframe)
ECLI:EU:UNKNOWN:62021TN0539
62021TN0539
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18.10.2021
Official Journal of the European Union
C 422/33
(Case T-539/21)
(2021/C 422/43)
Language in which the application was lodged: German
Parties
Applicant: the airscreen company GmbH & Co. KG (Münster, Germany) (represented by: O. Spieker, A. Schönfleisch and D. Mienert, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Moviescreens Rental GmbH (Damme, Germany)
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: EU figurative mark airframe — EU trade mark No 17 948 222
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 1 July 2021 in Case R 63/2021-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order the defendant to pay the costs of the proceedings.
Pleas in law
—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.