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(2019/C 413/71)
Language of the case: English
Applicant: Kerry Luxembourg Sàrl (Luxembourg, Luxembourg) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Ornua Co-operative Ltd (Dublin, Ireland)
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union trade word mark KERRYMAID – Application for registration No 10 083 251
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 July 2019 in Case R 2473/2013-5
The applicant claims that the Court should:
—annul the contested decision to the extent that the appeal brought by the applicant against the decision of 22 October 2013 of the Opposition Division in Case B 1 938 417 was dismissed;
—dismiss the opposition brought by Ornua Co-operative Ltd against the registration of the EU trade mark KERRYMAID, No. 10 083 251;
—order EUIPO and Ornua Co-operative Ltd, if it should intervene in these proceedings, to bear the costs.
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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