21.2.2022

EN

Official Journal of the European Union

C 84/51

(Case T-9/22)

(2022/C 84/71)

Language of the case: Polish

Parties

Applicant: Olimp Laboratories sp. z o.o. (Dębica, Poland) (represented by: M. Kondrat, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for EU word mark VITA-MIN MULTIPLE SPORT — Application No 18 115 249

Contested decision: Decision of the First Board of Appeal of EUIPO of 8 November 2021 in Case R 771/2020-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and remit the case to EUIPO for further consideration;

—amend the contested decision by declaring that, in relation to the mark ‘VITA-MIN MULTIPLE SPORT’ applied for in respect of goods in Class 5 of the Nice Agreement, there is no absolute ground for refusal, pursuant to Article 7(1)(b) and (c) of [Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark], based on the sign’s lack of any distinctive character or its descriptive character;

—make an appropriate order as to costs.

Pleas in law

—Infringement of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 103(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of the principle of the protection of legitimate expectations and the principle of legal certainty.