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Case T-246/20: Action brought on 27 April 2020 — Aerospinning Master Franchising v EUIPO — Mad Dogg Athletics (SPINNING)

ECLI:EU:UNKNOWN:62020TN0246

62020TN0246

April 27, 2020
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29.6.2020

EN

Official Journal of the European Union

C 215/54

(Case T-246/20)

(2020/C 215/62)

Language in which the application was lodged: Czech

Parties

Applicant: Aerospinning Master Franchising s.r.o. (Prague, Czech Republic) (represented by: K. Labalestra, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Mad Dogg Athletics, Inc. (Venice, California, United States)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union word mark ‘SPINNING’ — European Union trade mark No 175 117

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 26 February 2020 in Case R 369/2019-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order EUIPO to pay the costs.

Pleas in law

Infringement of Article 58(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 41(2)(a) of the Charter of Fundamental Rights of the European Union;

Infringement of Article 41(2)(c) of the Charter of Fundamental Rights of the European Union.

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