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Case T-135/20: Action brought on 28 February 2020 — Vulkano Research and Development v EUIPO — Ega (EGA Master)

ECLI:EU:UNKNOWN:62020TN0135

62020TN0135

February 28, 2020
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11.5.2020

Official Journal of the European Union

C 161/48

(Case T-135/20)

(2020/C 161/60)

Language of the case: English

Parties

Applicant: Vulkano Research and Development, SL (Vitoria-Gasteiz, Spain) (represented by: V. Wellens and C. Schellekens, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Ega sp. z o.o. sp.k. (Starogard Gdański, Poland)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark EGA Master — European Union trade mark No 5 835 558

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 13 December 2019 in Case R 1038/2018-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision with the exception to the finding that the Contested EUTM must be upheld for the products ‘Common metals and their alloys’ in Class 6;

order EUIPO to pay the costs.

Pleas in law

Infringement of Article 8(4) in conjunction with Article 60(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Manifest lack of motivation in the contested decision.

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