6.6.2017
EN
Official Journal of the European Union
C 178/29
Action brought on 6 April 2017 — Out of the blue v EUIPO — Dubois and MFunds USA (FUNNY BANDS)
(Case T-214/17)
(2017/C 178/43)
Language in which the application was lodged: English
Parties
Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt, V. Töbelmann and A. Zarm, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other parties to the proceedings before the Board of Appeal: Frédéric Dubois (Lasne, Belgium) and MFunds USA LLC (Miami Beach, Florida, United States)
Details of the proceedings before EUIPO
Proprietors of the trade mark at issue: Other parties to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark ‘FUNNY BANDS’ — EU trade mark No 9 350 794
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of EUIPO of 20/01/2017 in Case R 1081/2016-2)
Form of order sought
The applicant claims that the Court should:
—
overturn the contested decision;
—
declare the EU trade mark No 009 350 794‘FUNNY BANDS’ invalid pursuant to Articles 52(1)(a), 7(1)(b) and (c) EUTMR;
—
order EUIPO to pay its own costs as well as the costs of the applicant;
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in the event that the EUTM Proprietors join in these proceedings as an intervening party, order it to bear its own costs.
Plea in law
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Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009.
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