Case T-312/18: Action brought on 14 May 2018 — Dentsply De Trey v EUIPO — IDS (AQUAPRINT)
Action brought on 14 May 2018 — Dentsply De Trey v EUIPO — IDS (AQUAPRINT)
(Case T-312/18)
2018/C 240/66Language in which the application was lodged: EnglishParties
Applicant: Dentsply De Trey GmbH (Konstanz, Germany) (represented by: S. Clark, Solicitor)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: IDS SpA (Savona, Italy)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark AQUAPRINT — Application for registration No 12 272 407
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 February 2018 in Case R 1438/2017-2
Form of order sought
The applicant claims that the Court should:
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annul the contested decision except in so far as the Board of Appeal determined that the goods are identical/similar and that the relevant public is specialized in the dental field; |
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order, pursuant to Article 134 of the Rules of Procedure of the General Court, EUIPO and the intervener, if any, to pay the costs incurred by Dentsply in the present proceedings; |
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alter the decision also with regard to the order for costs and order, pursuant to Article 134(1) of the Rules of Procedure of the General Court, EUIPO that the unsuccessful intervener to pay the costs incurred by the Board of Appeal and the Opposition Division. |
Pleas in law
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Infringement of Article 8(1)(b) of Regulation No 2017/1001; |
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Infringement of Article 8(4) of Regulation No 2017/1001. |