Language of document :

Action brought on 12 February 2016 – Coca-Cola v EUIPO – Mitico (Master)

(Case T-61/16)

Language in which the application was lodged: English

Parties

Applicant: The Coca-Cola Company (Atlanta, United States) (represented by: S. Malynicz and S. Baran, Barristers; D. Stone and A. Dykes, Solicitors)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damascus, Syria)

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 figurative mark containing the word element ‘Master’ – Application for registration No 9 091 612

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 2 December 2015 in Case R 1251/2015-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order EUIPO and the EU trade mark Applicant to bear their own costs and pay those costs of the Applicant for Annulment at every stage of the opposition and appeal process, including the costs of these proceedings.

Pleas in law

Infringement of Article 8(5)(b) of Regulation No 207/2009;

Infringement of Article 65(6) of Regulation No 207/2009.

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