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Case T-82/17: Action brought on 7 February 2017 — PepsiCo v EUIPO — Intersnack Group (Exxtra Deep)
ECLI:EU:UNKNOWN:62017TN0082
62017TN0082
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18.4.2017
EN
Official Journal of the European Union
C 121/37
(Case T-82/17)
(2017/C 121/54)
Language in which the application was lodged: English
Parties
Applicant: PepsiCo, Inc. (New York, New York, United States) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Intersnack Group GmbH & Co. KG (Düsseldorf, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark ‘Exxtra Deep’ — EU trade mark No 12 161 981
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 24 November 2016 in Case R 482/2016-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the intervener to pay the costs of the applicant.
Plea in law
—Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009.