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26.6.2017 |
EN |
Official Journal of the European Union |
C 202/24 |
Action brought on 19 April 2017 — Adapta Color v EUIPO — Coatings Foreign IP (Rustproof System ADAPTA)
(Case T-226/17)
(2017/C 202/39)
Language in which the application was lodged: Spanish
Parties
Applicant: Adapta Color, SL (Peniscola, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Coatings Foreign IP Co. LLC (Wilmington, Delaware, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark containing the word elements ‘Rustproof System ADAPTA’ — European Union trade mark No 9 905 548
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 February 2017 in Case R 2408/2015-5
Form of order sought
The applicant claims that the Court should:
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uphold the present action in its entirety; |
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annul the contested decision; |
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order the defendant and, where appropriate, the intervener, to pay the costs of the present proceedings, as well as the costs incurred in the proceedings for a declaration of invalidity and the subsequent appeal proceedings before EUIPO. |
Pleas in law
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The pleas in law and main arguments are the same as those put forward in Case T-223/17. |