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Case T-656/21: Action brought on 11 October 2021 — H/2 Credit Manager v EUIPO — Hcapital Partners SCR (H/2 CAPITAL PARTNERS)
ECLI:EU:UNKNOWN:62021TN0656
62021TN0656
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13.12.2021
EN
Official Journal of the European Union
C 502/37
(Case T-656/21)
(2021/C 502/55)
Language of the case: English
Parties
Applicant: H/2 Credit Manager LP (Stamford, Connecticut, United States) (represented by: S. Malynicz, Barrister-at-Law, and J. Bittner, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Hcapital Partners SCR, SA (Lisbon, Portugal)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union word mark H/2 CAPITAL PARTNERS — Application for registration No 17 599 374
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 16 July 2021 in Case R 1954/2019-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the other party (if it takes part in these proceedings) to pay the costs.
Pleas in law
—The Board of Appeal wrongly held that the relevant public included the general public;
—The Board of Appeal failed to consider the two marks as respective wholes, taking account of their dominant and distinctive elements.