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Case T-404/16: Action brought on 29 July 2016 — Galletas Gullon v EUIPO — O2 Holdings (Shape of a package)

ECLI:EU:UNKNOWN:62016TN0404

62016TN0404

July 29, 2016
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19.9.2016

EN

Official Journal of the European Union

C 343/42

(Case T-404/16)

(2016/C 343/56)

Language in which the application was lodged: English

Parties

Applicant: Galletas Gullon, SA (Aguilar de Campoo, Spain) (represented by: M. Escudero Pérez, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: O2 Holdings Ltd (Slough, United Kingdom)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: tridimensional mark (Shape of a package) — EU trade mark No 3 408 424

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 May 2016 in Case R 1613/2015-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order EUIPO and the other party, should it intervene, to pay the costs.

Plea in law

Infringement of Article 51(1)(a) of Regulation No 207/2009.

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