EN

Official Journal of the European Union

C 68/59

(Case T-11/20)

(2020/C 68/67)

Language in which the application was lodged: German

Parties

Applicant: Paravan GmbH (Pfronstetten-Aichelau, Germany) (represented by: I. Jung and L. Delpy, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: paragon GmbH & Co. KGaA (Delbrück, Germany)

Details of the proceedings before EUIPO

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

Trade mark at issue: EU word mark Paragon — EU trade mark No 3 705 051

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 October 2019 in Case R 28/2019-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and uphold the decision of the Cancellation Division of EUIPO of 10 December 2018 in cancellation proceedings No 14 618 C concerning EU trade mark Paragon No 3 705 051;

alternatively,

—amend the contested decision by annulling the decision of the Cancellation Division of EUIPO of 10 December 2018 in cancellation proceedings No 14 618 C in so far as the EU trade mark Paragon No 3 705 051 was revoked, with effect from 14 March 2017, for ‘carriage body parts for the tuning of motor vehicles for locomotion by land; microphones for hands-free kits for cell phones for motor vehicles for locomotion by land; clocks for motor vehicles for locomotion by land’;

—order EUIPO to pay the costs, including the costs incurred in the proceedings before the Board of Appeal.

Pleas in law

—infringement of Article 58(1)(a) and 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—alternatively, infringement of Article 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.