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Case T-68/17: Action brought on 1 February 2017 — Italytrade v EUIPO — Tpresso (teaespresso)
ECLI:EU:UNKNOWN:62017TN0068
62017TN0068
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3.4.2017
EN
Official Journal of the European Union
C 104/57
(Case T-68/17)
(2017/C 104/80)
Language in which the application was lodged: Italian
Parties
Applicant: Italytrade Srl (Bari, Italy) (represented by: N. Clemente, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Tpresso SA (Zurich, Switzerland)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: European Union word mark ‘teaespresso’ — Application for registration No 13 543 475
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 November 2016 in Case R 1099/2016-4
Form of order sought
The applicant claims that the Court should:
—alter the contested decision as provided for in Article 65(3) of Regulation No 207/2009 and in any case according to existing rules;
—order, pursuant to Article 134 of the Rules of Procedure of the General Court, EUIPO and the interveners, if any, to pay the costs incurred by Italytrade Srl in the present proceedings;
—order, pursuant to Article 134(1) of the Rules of Procedure of the General Court, EUIPO and the unsuccessful intervener to pay the costs incurred before the Board of Appeal and the Opposition Division.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 8(5) of Regulation No 207/2009.