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Case T-628/21: Action brought on 29 September 2021 — Tequila Revolución v EUIPO — Horizons Group (London) (Revolution Vodka)
ECLI:EU:UNKNOWN:62021TN0628
62021TN0628
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EN
Official Journal of the European Union
C 490/49
(Case T-628/21)
(2021/C 490/59)
Language in which the application was lodged: French
Parties
Applicant: Tequila Revolución (Mexico City, Mexico) (represented by: M. Pomares Caballero, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Horizons Group (London) Ltd (Reading, United Kingdom)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for the EU word mark Revolution Vodka — Application for registration No 17 948 886
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 22 July 2021 in Case R 2266/2020-5
Form of order sought
The applicant claims that the Court should:
—find that the contested decision unfounded;
—find that the contested decision must be annulled and that the use of the applicant’s trade mark is real and sufficient;
—where appropriate, find that the opposition to the trade mark Revolution Vodka is well founded;
—order the defendant to pay the costs.
Plea in law
—Infringement of Article 8(1)(a) and (b) in conjunction with Article 18(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.