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Case T-452/22: Action brought on 19 July 2022 — Hofmeir Magnetics v EUIPO — Healthfactories (Hofmag)
ECLI:EU:UNKNOWN:62022TN0452
62022TN0452
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EN
Official Journal of the European Union
C 340/54
(Case T-452/22)
(2022/C 340/73)
Language in which the application was lodged: English
Parties
Applicant: Hofmeir Magnetics Ltd (Witney, United Kingdom) (represented by: S. Baur, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Healthfactories GmbH (Saaldorf-Surheim, Germany)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for European Union word mark Hofmag — Application for registration No 18 107 493
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 May 2022 in Case R 1367/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to bear the costs, including those incurred in the appeal proceeding.
Pleas in law
—Incorrect restriction of the claimant’s unregistered mark HOFMAG in terms of a designation which does not satisfy the criterion ‘of more than mere local significance’ within the meaning of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Failure to take into account the sign ‘Hofmag’ as a commercial designation (as a relevant sign in terms of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council) in relation to Germany/Austria.