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Case T-300/21: Action brought on 27 May 2021 — CNH Industrial v EUIPO (SOILXPLORER)
ECLI:EU:UNKNOWN:62021TN0300
62021TN0300
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Valentina R., lawyer
26.7.2021
EN
Official Journal of the European Union
C 297/46
(Case T-300/21)
(2021/C 297/57)
Language of the case: English
Parties
Applicant: CNH Industrial NV (Amsterdam, Netherlands) (represented by: L. Axel Karnøe Søndergaard, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for European Union word mark SOILXPLORER — Application for registration No 18 217 454
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 March 2021 in Case R 386/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in its entirety and allow the trade mark to be published for opposition purposes in respect of all the goods applied for, or, in the alternative, refer the case back to the EUIPO in order that it may adopt the consequent measures;
—order EUIPO to pay the costs incurred by the applicant.
Pleas in law
—Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by attributing an incorrect meaning to the trade mark applied for and by failing to consider the mark as filed;
—Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by incorrectly assessing the descriptive character of the mark;
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by incorrectly assessing the distinctive character of the mark.