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Case T-118/21: Action brought on 22 February 2021 — Cilem Records International v EUIPO — KVZ Music (HALIX RECORDS)
ECLI:EU:UNKNOWN:62021TN0118
62021TN0118
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12.4.2021
EN
Official Journal of the European Union
C 128/51
(Case T-118/21)
(2021/C 128/65)
Language in which the application was lodged: German
Parties
Applicant: Cilem Records International UG (Augsburg, Germany) (represented by: E. Hecht, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: KVZ Music Ltd (Sofia, Bulgaria)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for registration of EU word mark HALIX RECORDS — Application for registration No 16 288 235
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 28 January 2021 in Case R 1060/2020-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision of 28 January 2021 and EUIPO’s decision of 25 May 2020 concerning EU trade mark No 016288235 and allow the applicant’s opposition to registration of EU trade mark No 16288235 of 17 April 2017;
—in the alternative, annul the contested decision of 28 January 2021 and refer the proceedings back to the Board of Appeal for reconsideration;
—order EUIPO to pay the costs.
Plea in law
—Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.