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Case T-527/18: Action brought on 6 September 2018 — K.A. Schmersal Holding v EUIPO — Tecnium (tec.nicum)
ECLI:EU:UNKNOWN:62018TN0527
62018TN0527
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22.10.2018
EN
Official Journal of the European Union
C 381/30
(Case T-527/18)
(2018/C 381/35)
Language in which the application was lodged: German
Parties
Applicant: K.A. Schmersal Holding GmbH & Co. KG (Wuppertal, Germany) (represented by: A. Haudan, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Tecnium, SA (Manresa, Spain)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: European Union word mark ‘tec.nicum’ — European Union trade mark No 13 626 791
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 21 June 2018 in Case R 2427/2017-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it confirms the dismissal of the application for registration of the contested mark for Class 42;
—order EUIPO to pay the costs.
Pleas in law
—No genuine use of the mark on which the opposition is based;
—Incorrect identification of the relevant public;
—No similarity between the services;
—No similarity between the opposing marks;
—No likelihood of confusion.