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Case T-830/16: Action brought on 23 November 2016 — Monolith Frost v EUIPO — Dovgan (PLOMBIR)

ECLI:EU:UNKNOWN:62016TN0830

62016TN0830

November 23, 2016
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EN

Official Journal of the European Union

C 22/56

(Case T-830/16)

(2017/C 022/75)

Language in which the application was lodged: German

Parties

Applicant: Monolith Frost GmbH (Leopoldshöhe, Germany) (represented by: E. Liebich and S. Labesius, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Dovgan GmbH (Hamburg, Germany)

Details of the procedure before EUIPO

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

Mark at issue: EU word mark ‘PLOMBIR’

Procedure before EUIPO: Invalidity proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 22 September 2016 in Case R 1812/2015-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision pursuant to Article 65(3) of Regulation (EC) No 207/2009;

order EUIPO to pay the costs, including those of the proceedings before the Board of Appeal.

Pleas in law

infringement of Article 7(1)(c) of Regulation No 207/2009;

infringement of Article 76(1) of Regulation No 207/2009;

infringement of the obligation to state reasons under the first sentence of Article 75 of Regulation No 207/2009.

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