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Case T-354/17: Action brought on 6 June 2017 — Genomic Health v EUIPO (ONCOTYPE DX GENOMIC PROSTATE SCORE)
ECLI:EU:UNKNOWN:62017TN0354
62017TN0354
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31.7.2017
Official Journal of the European Union
C 249/41
(Case T-354/17)
(2017/C 249/55)
Language of the case: English
Parties
Applicant: Genomic Health, Inc. (Redwood City, California, United States) (represented by: A. Reid, Solicitor)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: EU word mark ‘ONCOTYPE DX GENOMIC PROSTATE SCORE’ — Application for registration No 15 214 257
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 14 February 2017 in Case R 1682/2016-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the Applicant’s costs of and occasioned by this appeal.
Pleas in law
The Applicant submits that the Contested Decision is incorrect and constitutes an:
—Infringement of the general principles of equal treatment, good administration and legal certainty;
—Infringement of Article 7(1)(b) in conjunction with Article 7(2) of Regulation No 207/2009;
—Infringement of Article 7(1)(c) in conjunction with Article 7(2) of Regulation No. 207/2009.