Mitteilungen im Abl. nº T-189/20 of Tribunal General de la Unión Europea, May 15, 2020
Resolution Date | May 15, 2020 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-189/20 |
Klage, eingereicht am 6. April 2020 - Chiquita Brands/EUIPO - Fyffes International (HOYA)
(Rechtssache T-189/20)
Sprache der Klageschrift: Englisch
Parteien
Klägerin: Chiquita Brands LLC (Fort Lauderdale, Florida, Vereinigte Staaten) (Prozessbevollmächtigter: Rechtsanwalt W. Pors)
Beklagter: Amt der Europäischen Union für geistiges Eigentum (EUIPO)
Andere Beteiligte im Verfahren vor der Beschwerdekammer: Fyffes International Unlimited Company (Dublin, Irland)
Angaben zum Verfahren vor dem EUIPO
Inhaberin der streitigen Marke: Andere Beteiligte im Verfahren vor der Beschwerdekammer
Streitige Marke: Unionsbildmarke HOYA in den Farben Gelb, Blau und Schwarz - Unionsmarke Nr. 10 612 166
Verfahren vor dem EUIPO: Nichtigkeitsverfahren
Angefochtene Entscheidung: Entscheidung der Fünften Beschwerdekammer des EUIPO vom 21. Januar 2020 in der Sache R 962/2019-5
Anträge
Die Klägerin beantragt,
die angefochtene Entscheidung aufzuheben;
ihrem Antrag auf Erklärung des Verfalls in vollem Umfang stattzugeben;
dem EUIPO und der Streithelferin sämtliche Kosten aufzuerlegen.
Angeführte Klagegründe
Verstofl gegen Art. 64 Abs. 1 der Verordnung (EU) 2017/1001 des Europäischen Parlaments und des Rates;
Verstofl gegen Art. 94 Abs. 1 der Verordnung (EU) 2017/1001 des Europäischen Parlaments und des Rates;
Verstofl gegen Art. 95...
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