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Case T-820/19: Action brought on 3 December 2019 – Totalizator Sportowy v EUIPO – Lottoland Holdings (LOTTOLAND)
ECLI:EU:UNKNOWN:62019TN0820
62019TN0820
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10.2.2020
EN
Official Journal of the European Union
C 45/82
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(Case T-820/19)
(2020/C 45/68)
Language of the case: English
Parties
Applicant: Totalizator Sportowy sp. z o.o. (Warsaw, Poland) (represented by: B. Matusiewicz-Kulig, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Lottoland Holdings Ltd (Ocean Village, Gibraltar)
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 LOTTOLAND – European Union trade mark No 11 369 981
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 2 October 2019 in Case R 97/2019-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in the part declaring the EUTM 11 369 981 LOTTOLAND to remain in force for all the services for which the contested EUTM was registered in class 42;
—alter the contested decision by declaring the EUTM 11 369 981 LOTTOLAND invalid in its entirety, including the services for which the contested decision was registered in class 42;
alternatively,
—remit the case to the EUIPO;
—order EUIPO to pay the costs of the proceedings.
Plea in law
—Infringement of Article 60(1)(a) in conjunction with Article 8(5) of the Commission Delegated Regulation (EU) 2018/625 of 05/03/2018 supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council, repealing Commission Delegated Regulation (EU) 2017/1430.
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