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Case T-271/16: Action brought on 30 May 2016 – Pempe v EUIPO – Marshall Amplification (THOMAS MARSHALL GARMENTS OF LEGENDS)
ECLI:EU:UNKNOWN:62016TN0271
62016TN0271
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11.7.2016
Official Journal of the European Union
C 251/45
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(Case T-271/16)
(2016/C 251/52)
Language in which the application was lodged: English
Parties
Applicant: Yusuf Pempe (Créteil, France) (represented by: A. Vivès-Albertini, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Marshall Amplification plc (Milton Keynes, United Kingdom)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark containing the word elements ‘THOMAS MARSHALL GARMENTS OF LEGENDS’ – Application for registration No 11 570 264
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 16 March 2016 in Case R 376/2015-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—reject the opposition in its entirety;
—order EUIPO to pay the costs.
Plea in law
—Infringement of the provisions of Regulation No 207/2009 concerning the proof of use and the likelihood of confusion between signs.
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