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Case T-375/21: Action brought on 2 July 2021 — Leinfelder Uhren München v EUIPO — Schafft (Representation of a geometric figure)
ECLI:EU:UNKNOWN:62021TN0375
62021TN0375
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16.8.2021
Official Journal of the European Union
C 329/42
(Case T-375/21)
(2021/C 329/56)
Language in which the application was lodged: German
Parties
Applicant: Leinfelder Uhren München GmbH & Co. KG (Munich, Germany) (represented by: S. Lüft, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Thomas Schafft (Munich)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark (Representation of a geometric figure) — EU trade mark No 13 975 453
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 29 March 2021 in Joined Cases R 1931/2018-2 and R 1936/2018-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it declares the applicant’s rights in the contested EU trade mark No 13 975 453 to be revoked also in respect of the goods in Class 14 (wristwatches) and Class 18 (watch straps);
—dismiss appeal R 1931/2018-2 brought by the cancellation applicant;
—order EUIPO to pay costs;
—in the event that the other party appears as intervener in the proceedings, order him to bear his own costs.
Plea in law
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.