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Case T-596/21: Action brought on 17 September 2021 — Société Elmar Wolf v EUIPO — Fuxtec (Representation of a fox’s head)
ECLI:EU:UNKNOWN:62021TN0596
62021TN0596
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15.11.2021
Official Journal of the European Union
C 462/55
(Case T-596/21)
(2021/C 462/67)
Language in which the application was lodged: French
Parties
Applicant: Société Elmar Wolf (Wissembourg, France) (represented by: N. Boespflug, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Fuxtec GmbH (Herrenberg, 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: International registration designating the European Union in respect of a figurative mark (Representation of a fox’s head) — International registration designating the European Union No 1 339 239
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 5 July 2021 in Case R 2834/2019-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it states that the mark applied for is similar to the earlier mark;
—order EUIPO to pay the costs;
—order the company Fuxtec GmbH to pay the costs occasioned by its intervention, if such intervention has taken place.
Plea in law
Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.