21.9.2020

EN

Official Journal of the European Union

C 313/31

(Case T-476/20)

(2020/C 313/44)

Language of the case: English

Parties

Applicant: Alteryx, Inc. (Irvine, California, United States) (represented by: A. Poulter and M. Holah, Solicitors)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Allocate Software Ltd (London, United Kingdom)

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 ALLOCATE — European Union trade mark No 6 740 658

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 25 May 2020 in Case R 1709/2019-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—annul the Cancellation Division decision;

—order the defendant to bear its own costs and to pay those of the applicant, including those relating to the procedure before the Board of Appeal;

—in the event that the other party participates in the proceedings as intervener, order it to bear his own costs.

Pleas in law

—Infringement of Article 58(1)(a) in connection with Article 18 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council insofar as the Board of Appeal failed to state the reasons on which the decision is based.