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Case T-12/19: Action brought on 7 January 2019 — Nowhere v EUIPO — Junguo Ye (APE TEES)

ECLI:EU:UNKNOWN:62019TN0012

62019TN0012

January 7, 2019
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25.2.2019

EN

Official Journal of the European Union

C 72/45

(Case T-12/19)

(2019/C 72/57)

Language of the case: English

Parties

Applicant: Nowhere Co. Ltd (Tokyo, Japon) (represented by: A. Norris, Barrister)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Junguo Ye (Elche, Spain)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark APE TEES — Application for registration No 14 319 578

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 October 2018 in Case R 2474/2017-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

reject the contested mark in respect of all of the contested goods;

alternatively, remit the matter to the EUIPO for re-consideration;

order the payment of the costs incurred by the applicant in connection with the appeal and opposition proceedings.

Plea in law

Infringement of Article (8)(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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