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Case T-265/17: Action brought on 5 May 2017 — ExpressVPN v EUIPO (EXPRESSVPN)
ECLI:EU:UNKNOWN:62017TN0265
62017TN0265
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Official Journal of the European Union
C 202/26
(Case T-265/17)
(2017/C 202/42)
Language of the case: English
Parties
Applicant: ExpressVPN Ltd (Glen Vine, United Kingdom) (represented by: A. Muir Wood, Barrister)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: International registration designating the European Union in respect of the figurative mark containing the word element ‘EXPRESSVPN’ — Application for registration No 1 265 562
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 16 February 2017 in Case R 1352/2016-5
Form of order sought
The applicant claims that the Court should:
—alter the contested decision to permit the mark proceed to registration on the basis that the mark is neither descriptive nor devoid of distinctive character and the basis of the evidence of acquired distinctiveness submitted to the examiner and to the Fifth Board of Appeal;
—issue an order for payment of the costs incurred by the applicant in connection with this appeal.
Plea in law
—Infringement of Articles 7(1)(b)(c), 7(2) and 7(3) of Regulation No 207/2009.