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Case T-19/20: Action brought on 13 January 2020 — sprd.net v EUIPO — Shirtlabor (I love)
ECLI:EU:UNKNOWN:62020TN0019
62020TN0019
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Official Journal of the European Union
C 68/62
(Case T-19/20)
(2020/C 68/70)
Language in which the application was lodged: German
Parties
Applicant: sprd.net AG (Leipzig, Germany) (represented by: J. Hellenbrand, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Shirtlabor GmbH (Münster, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark containing the word elements ‘I love’ in black and red — European Union trade mark No 10 023 067
Procedure before EUIPO: Cancellation procedure
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 October 2019 in Case R 5/2019-5
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 7(1)(b) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 16(1)(a) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 94(1) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 97(1) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 95(1) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council;
—Infringement of the principle of non-arbitrariness.