EN

Official Journal of the European Union

C 237/66

(Case T-221/22)

(2022/C 237/86)

Language in which the application was lodged: English

Parties

Applicant: Pharmaselect International Beteiligungs GmbH (Vienna, Austria) (represented by: S. Jackermeier and D. Wiedemann, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: OmniActive Health Technologies Ltd (Mumbai, India)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark LUTAMAX — European Union trade mark No 3 472 974

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 24 February 2022 in Joined Cases R 524/2021-1 and R 649/2021-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order that European Union trademark No 3 472 974 LUTAMAX remain registered for the following goods:

Class 5: Medicines for human and animals use; Dietetic substances adapted for medical use; Dietary supplements adapted for medical or dietetic use; Vitamin preparations adapted for medical or dietetic use; Eye care preparations (for pharmaceutical purposes); none of the aforesaid goods for veterinary purposes;

Class 29: Dietetic foodstuffs and food supplements, not adapted for medical use (included in class 29); Edible oils and fats;

Class 30: Dietetic foodstuffs and food supplements, not adapted for medical use (included in class 30);

—order the defendant to pay the costs of the proceedings.

Plea in law

—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.