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Case T-121/16: Action brought on 22 March 2016 — Tulliallan Burlington v EUIPO — Burlington Fashion (BURLINGTON THE ORIGINAL)
ECLI:EU:UNKNOWN:62016TN0121
62016TN0121
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17.5.2016
EN
Official Journal of the European Union
C 175/25
(Case T-121/16)
(2016/C 175/29)
Language in which the application was lodged: English
Parties
Applicant: Tulliallan Burlington Ltd (St Helier, Jersey) (represented by: A. Norris, Barrister)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Burlington Fashion GmbH (Schmallenberg, Germany)
Details of the proceedings before EUIPO
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: International registration designating the European Union in respect of the figurative mark containing the word elements ‘BURLINGTON THE ORIGINAL’ – International registration designating the European Union No 1 007 952
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 11 January 2016 in Case R 2501/2013-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and reject the contested mark in respect of all of the contested goods;
—order the payment of the costs incurred by the applicant in connection with this appeal.
Pleas in law
—Infringement of Articles 8(5), 8(4) and 8(1)(b) of Regulation No 207/2009.