Action brought on 2 July 2021 – Leinfelder Uhren München v EUIPO – Schafft (Representation of a geometric figure)

(Case T-375/21)

Language in which the application was lodged: German

Parties

Applicant: Leinfelder Uhren München GmbH & Co. KG (Munich, Germany) (represented by: S. Lüft, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Thomas Schafft (Munich)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark (Representation of a geometric figure) – EU trade mark No 13 975 453

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 29 March 2021 in Joined Cases R 1931/2018-2 and R 1936/2018-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision in so far as it declares the applicant’s rights in the contested EU trade mark No 13 975 453 to be revoked also in respect of the goods in Class 14 (wristwatches) and Class 18 (watch straps);

dismiss appeal R 1931/2018-2 brought by the cancellation applicant;

order EUIPO to pay costs;

in the event that the other party appears as intervener in the proceedings, order him to bear his own costs.

Plea in law

Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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