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Case T-607/19: Action brought on 5 September 2019 — Itinerant Show Room v EUIPO (FAKE DUCK)
ECLI:EU:UNKNOWN:62019TN0607
62019TN0607
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4.11.2019
EN
Official Journal of the European Union
C 372/34
(Case T-607/19)
(2019/C 372/35)
Language of the case: Italian
Parties
Applicant: Itinerant Show Room Srl (San Giorgio in Bosco, Italy) (represented by: E. Montelione, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for European Union figurative mark FAKE DUCK — Application for registration No. 17 946 879
Contested decision: Decision of the Second Board of Appeal of EUIPO of 1 July 2019 in Case R 830/2019-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs.
Pleas in law
—Failure to take into account the inherent distinctive character of the mark FAKE DUCK;
—Failure to take into account the complexity of the mark FAKE DUCK and the picture of an egg;
—Misapplication of the principle of equal treatment;
—Misapplication of the principle of legality.