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Case T-701/21: Action brought on 2 November 2021 — Allessa v EUIPO — Dumerth (CASSELLAPARK)
ECLI:EU:UNKNOWN:62021TN0701
62021TN0701
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3.1.2022
EN
Official Journal of the European Union
C 2/48
(Case T-701/21)
(2022/C 2/67)
Language in which the application was lodged: German
Parties
Applicant: Allessa GmbH (Frankfurt am Main, Germany) (represented by: S. Fröhlich, M. Hartmann and H. Lerchl, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Carim Dumerth (Frankfurt am Main)
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 CASSELLAPARK — EU word mark No 16 917 429
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 11 August 2021 in Case R 1043/2020-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs of the proceedings and the costs incurred by the applicant.
Pleas in law
—Infringement of the right to be heard consisting in an adequate statement of reasons;
—Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(g) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 59(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.