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Case T-344/20: Action brought on 3 June 2020 — El Corte Inglés v EUIPO — Unión Detallistas Españoles (unit)
ECLI:EU:UNKNOWN:62020TN0344
62020TN0344
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27.7.2020
EN
Official Journal of the European Union
C 247/45
(Case T-344/20)
(2020/C 247/62)
Language in which the application was lodged: Spanish
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Unión Detallistas Españoles S. Coop. Unide (Madrid, Spain)
Details of the procedure before EUIPO
Applicant for the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for the EU figurative mark ‘unit’ — Application for registration No 16 542 078
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 9 March 2020 in Case R 2005/2019-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs.
Pleas in law
—The Board of Appeal erred in law by failing to consider that the proof of use regarding sales, during the relevant period, in respect of the Spanish trade marks No 1795078 and No 2289074 — which required proof of use — is insufficient due to the lack or shortage of such proof and, consequently, by stating that there is a likelihood of confusion between the marks on the part of consumers.
—Infringement of Article 8(1)(b) Regulation (EU) 2017/1001 of the European Parliament and of the Council.