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Case T-114/20: Action brought on 19 February 2020 — Alvargonzález Ramos v EUIPO — Ursus-3 Capital, A.V. (URSUS Kapital)
ECLI:EU:UNKNOWN:62020TN0114
62020TN0114
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Valentina R., lawyer
EN
Official Journal of the European Union
C 129/17
(Case T-114/20)
(2020/C 129/22)
Language in which the application was lodged: Spanish
Parties
Applicant: Pablo Erik Alvargonzález Ramos (Madrid, Spain) (represented by: E. Sugrañes Coca, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Ursus-3 Capital, A.V., SA (Madrid, Spain)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Figurative mark URSUS Kapital — European Union trade mark No 5 641 303
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 10 December 2019 in Case R 711/202019-5
Form of order sought
The applicant claims that the Court should:
—deliver a judgment amending the contested decision and dismissing the application for a declaration of invalidity for non-use brought against the registered European Union trade mark No 5 641 303 URSUS Kapital (figurative) in relation to ‘financial affairs’ in Class 36 and declare that trade mark No 5 641 303 has been genuinely used for ‘financial affairs’;
—in the alternative, deliver a judgment which, in addition to amending the contested decision, dismissing the application for a declaration of invalidity for non-use brought against the registered European Union trade mark No 5 641 303 URSUS Kapital (figurative) in relation to ‘financial affairs’ in Class 36, declares that trade mark No 5 641 303 has been genuinely used at least for ‘financial affairs, namely investment services, investment of funds, investment analysis, investment management and administration, investment advice and real estate investment services’.
—in the alternative, annul the contested decision;
—order EUIPO to pay the costs of these proceedings.
Pleas in law
Infringement of Articles 18 and 58 Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 10 of Commission Delegated Regulation (EU) 2018/625.