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Case T-160/18: Action brought on 02 March 2018 — Theodorakidi v EUIPO — Benopoulou (THYREOS VASSILIKI)

ECLI:EU:UNKNOWN:62018TN0160

62018TN0160

March 2, 2018
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30.4.2018

Official Journal of the European Union

C 152/57

(Case T-160/18)

(2018/C 152/67)

Language in which the application was lodged: English

Parties

Applicant: Vassiliki Theodorakidi (Veroia, Greece) (represented by: F. Ikonomidou Ikonomou, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Vassiliki Benopoulou (Kifissia, Greece).

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark THYREOS VASSILIKI — EU trade mark No 8 206 963

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 December 2017 in Case R 40/2017-4.

Form of order sought

The applicant claims that the Court should:

annul the contested decision and, consequently, reject the invalidity action;

order EUIPO and the other party to pay the costs, including the costs incurred before the Court, the Board of Appeal of EUIPO and the Cancellation Division.

Pleas in law

Infringement of Article 8(1)(b) of Regulation No 2017/1001;

The Board of Appeal of EUIPO erred in law when stating that the other party is ‘widely known’;

Infringement of the obligation to state reasons;

The Board of Appeal of EUIPO erred when accepting that there should be no restriction as to the goods/services the invalidity should be accepted for.

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