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Case T-694/17: Action brought on 10 October 2017 — Link Entertainment v EUIPO — García-Sanjuan Machado (SAVORY DELICIOUS ARTISTS & EVENTS)

ECLI:EU:UNKNOWN:62017TN0694

62017TN0694

October 10, 2017
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27.11.2017

Official Journal of the European Union

C 402/55

(Case T-694/17)

(2017/C 402/72)

Language in which the application was lodged: Spanish

Parties

Applicant: Link Entertainment, SLU (Madrid, Spain) (represented by: E. Estella Garbayo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Sandra García-Sanjuan Machado (Barcelona, Spain)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word elements ‘SAVORY DELICIOUS ARTISTS & EVENTS’ — European Union trade mark No 12 672 853

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 28 July 2017 in Case R 1758/2016-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision and find that the cancellation of EU trade mark No 12 672 853 ‘SAVORY DELICIOUS ARTISTS & EVENTS’ for Classes 35 and 41 is unfounded; and

order EUIPO to pay the costs of the present proceedings, including those incurred in the appeal and the invalidity proceedings.

Plea in law

Infringement of Article 60(1)(a) of Regulation No 2017/1001, in conjunction with Article 8(1)(b) of that regulation.

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