1.4.2019
EN
Official Journal of the European Union
C 122/27
Action brought on 12 February 2019 — Dekoback v EUIPO — DecoPac (DECOPAC)
(Case T-80/19)
(2019/C 122/31)
Language in which the application was lodged: German
Parties
Applicant: Dekoback GmbH (Helmstadt-Bargen, Germany) (represented by: V. von Moers, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: DecoPac, Inc. (Anoka, Minnesota, United States)
Details of the proceedings before EUIPO
Proprietor of the mark at issue: Other party to the proceedings before the Board of Appeal
Mark at issue: EU word mark DECOPAC — EU trade mark No 160 747
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 November 2018 in Case R 1795/2017-5
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision and declare invalid, in its entirety, the trade mark DECOPAC registered for the other party to the proceedings before the Board of Appeal.
Pleas in law
—
No confidentiality of business data;
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Infringement of the right to be heard;
—
No submission of invoices to any significant extent;
—
No use of the trade mark as the other party’s own brand;
—
Sale also to consumers was planned but did not take place;
—
A distinction between edible and inedible decorations is necessary.
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