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Case T-686/21: Action brought on 25 October 2021 — energy cake v EUIPO — Foodtastic (ENERGY CAKE)
ECLI:EU:UNKNOWN:62021TN0686
62021TN0686
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Official Journal of the European Union
C 513/32
(Case T-686/21)
(2021/C 513/46)
Language in which the application was lodged: German
Parties
Applicant: energy cake GmbH (Vienna, Austria) (represented by: A. Bernegger, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Foodtastic GmbH (Dortmund, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: European Union word mark ‘ENERGY CAKE’ — European Union trade mark No 14 808 935
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 11 August 2021 in Case R 2324/2020-5
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 59(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(b) and (c) in conjunction with Article 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.