Case T-381/16: Action brought on 13 July 2016 — Düll v EUIPO — Cognitect (DaToMo)
C3642016EN1410120160713EN0010141152
Action brought on 13 July 2016 — Düll v EUIPO — Cognitect (DaToMo)
(Case T-381/16)2016/C 364/10Language in which the application was lodged: German
Parties
Applicant: Klaus Düll (Südergellersen, Germany) (represented by: S. Wolff-Marting, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Cognitect, Inc. (Durham, North Carolina, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘DaToMo’ — EU trade mark No 6715627
Procedure before EUIPO: Revocation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 19 April 2016 in Joined Cases R 1383/2015-2 and R 1481/2015-2
Form of order sought
The applicant claims that the Court should:
—
alter the contested decision to the effect that the restriction ‘all the aforementioned for the enterprise mobility management (EMM)’ is not added to the services which, following the abovementioned decision, remain listed in the class specification for Class 42 in the list of goods and services covered by trade mark No 6715627 DaToMo;
—
order EUIPO to bear its own costs and to pay those incurred by the applicant.
Plea in law
—
Infringement of Article 50 of Regulation No 40/94.
Full & Egal Universal Law Academy