EN

Official Journal of the European Union

C 68/44

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(Case T-852/19)

(2020/C 68/53)

Language of the case: English

Parties

Applicant: Albéa Services (Gennevilliers, France) (represented by: J.-H. de Mitry, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: International registration designating the European Union in respect of the figurative mark ALBÉA – International registration designating the European Union No 1 210 553

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 September 2019 in Case R 1480/2019-2

Form of order sought

The applicant claims that the Court should:

—annul partially the contested decision which annulled the first decision of the Board of Appeal to the extent that the opposition No B002522988 against the Applicant’s trademark application in the name of Albéa Services was rejected for all the goods in classes 3, 8 and 21 and for the part of the goods of classes 16 and 20;

—alternatively, annul partially the contested decision which annulled the first decision of the Board of Appeal to the extent that the opposition No B002522988 against the Applicant’s trademark application in the name of Albéa Services was rejected for all the goods in classes 3, 8 and 21 and for part of the goods of classes 16 and 20 and should remit the case to the Board;

—award costs in favour of the Applicant.

Plea in law

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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