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Case T-340/18: Action brought on 31 May 2018 — Gibson Brands v EUIPO — Wilfer (Shape of a guitar)
ECLI:EU:UNKNOWN:62018TN0340
62018TN0340
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(Case T-340/18)
Language of the case: English
Parties
Applicant: Gibson Brands, Inc. (Nashville, Tennessee, United States) (represented by: K. Hughes, Solicitor, A. Renck and C. Stöber, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Hans-Peter Wilfer (Markeneukirchen, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union tridimensional mark (Shape of a guitar) — European Union trade mark No 9 179 953
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 March 2018 in Case R 415/2017-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order that the costs of the proceedings be borne by the Defendant and the Other Party before the Board of Appeal in the event that it intervenes in the proceedings.
Pleas in law
—Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) of Regulation No 207/2009;
—Infringement of Article 52(2) in conjunction with Article 7(3) of Regulation No 207/2009.