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Case T-447/16: Action brought on 4 August 2016 — Pirelli Tyre v EUIPO — Yokohama Rubber (Representation of a tyre tread)
ECLI:EU:UNKNOWN:62016TN0447
62016TN0447
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26.9.2016
Official Journal of the European Union
C 350/27
(Case T-447/16)
(2016/C 350/33)
Language in which the application was lodged: English
Parties
Applicant: Pirelli Tyre SpA (Milan, Italy) (represented by: T. Müller and F. Togo, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: The Yokohama Rubber Co. Ltd (Tokyo, Japan)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: figurative mark (representation of a tyre tread — EU trade mark No 2 319 176)
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 28 April 2016 in Case R 2583/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision insofar as it declared the trademark invalid and ordered the applicant to bear the costs of proceedings before the Office.
Plea in law
—Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b)(e) and (ii) of Regulation No 207/2009.