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7.8.2017 |
EN |
Official Journal of the European Union |
C 256/36 |
Action brought on 12 June 2017 — Louis Vuitton Malletier v EUIPO — Bee Fee Group (LV POWER ENERGY DRINK)
(Case T-372/17)
(2017/C 256/40)
Language in which the application was lodged: English
Parties
Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Bee Fee Group LTD (Nicosia, Cyprus)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU figurative mark in black, red and white containing the word elements ‘LV POWER ENERGY DRINK’ — EU trade mark No 12 898 219
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 March 2017 in Case R 906/2016-4
Form of order sought
The applicant claims that the Court should:
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annul the contested decision and thus declare invalid the contested mark; |
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order EUIPO to pay the costs incurred by the applicant during these proceedings; |
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order the proprietor to pay the costs incurred by the applicant during these proceedings. |
Pleas in law
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Infringement of Article 8(5) of Regulation No 207/2009; |
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Infringement of Article 75 of Regulation No 207/2009 and of the principle of legal certainty. |