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Case T-436/20: Action brought on 10 July 2020 — Sedus Stoll v EUIPO — Kappes (Sedus ergo+)
ECLI:EU:UNKNOWN:62020TN0436
62020TN0436
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24.8.2020
EN
Official Journal of the European Union
C 279/63
(Case T-436/20)
(2020/C 279/78)
Language in which the application was lodged: German
Parties
Applicant: Sedus Stoll AG (Dogern, Germany) (represented by: M. Goldmann and J. Thomsen, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Wolfgang Kappes (Bochum, Germany)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: Application for EU word mark Sedus ergo+ — Application for registration No 15 958 374
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 12 March 2020 in Case R 2194/2018-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—dismiss the appeal against the decision of the Opposition Division in Case No B 2 863 929; and
—order the defendant to pay the costs of the proceedings before the General Court of the European Union and order the potential intervener (Wolfgang Kappes) to pay the costs of the appeal proceedings before EUIPO.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.