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19.6.2017 |
EN |
Official Journal of the European Union |
C 195/10 |
Appeal brought on 23 February 2017 by Verus Eood against the judgment of the General Court (Ninth Chamber) of 7 July 2016 in Case T-82/14, Copernicus-Trademarks v European Union Intellectual Property Office (EUIPO)
(Case C-101/17 P)
(2017/C 195/15)
Language of the case: German
Parties
Appellant: Verus Eood (represented by: C. Pfitzer, Rechtsanwalt)
Other parties to the proceedings: European Union Intellectual Property Office, Maquet
Form of order sought
The appellant claims that the Court should:
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set aside the judgment in Case T-82/14 in its entirety; in the alternative: set aside the judgment in Case T-82/14 and, on the basis of a distortion of the facts in that judgment, refer the case back to the General Court; |
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order the respondent to pay the costs of the proceedings in all instances. |
Grounds of appeal and main arguments
The appellant puts forward the following grounds in support of its appeal:
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(1) |
infringement of Regulation No 207/2009 of 26 February 2009, (1) in particular Article 52 thereof |
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(2) |
infringement of Regulation No 207/2009 of 26 February 2009, in particular Article 75 thereof |
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(3) |
infringement of Regulation No 207/2009 of 26 February 2009, in particular Article 76 thereof |
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(4) |
infringement of the case-law of the Court of Justice of the European Union on ‘trade mark applications made in bad faith’ |
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(5) |
infringement of the ‘fundamental rights catalogue’ of the Court of Justice of the European Union |
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(6) |
infringement of international law, namely the Paris Convention for the Protection of Industrial Property |
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(7) |
infringement of international law, namely the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual-Property Rights) |
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(8) |
infringement of Article 16 of the Charter of Fundamental Rights of the European Union |
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(9) |
infringement of Article 17(2) of the Charter of Fundamental Rights of the European Union |
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(10) |
infringement of Article 47 of the Charter of Fundamental Rights of the European Union |
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(11) |
infringement of Article 17 of the ‘1948 Universal Declaration of Human Rights’ |
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(12) |
infringement of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) and its additional protocols, in particular Article 1 of Protocol No 1 |
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(13) |
infringement of Article 6 ECHR — Right to a fair trial, in particular relating to distorted or false findings of fact, imputations, false accusations, denigrations, libel, slander |
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, OJ 2009 L 78, p. 1.