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Case T-130/22: Action brought on 7 March 2022 — Biologische Heilmittel Heel v EUIPO — Esi (TRAUMGEL)
ECLI:EU:UNKNOWN:62022TN0130
62022TN0130
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25.4.2022
EN
Official Journal of the European Union
C 171/44
(Case T-130/22)
(2022/C 171/61)
Language in which the application was lodged: English
Parties
Applicant: Biologische Heilmittel Heel GmbH (Baden-Baden, Germany) (represented by: J. Künzel, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Esi Srl (Albisola Superiore, Italy)
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 figurative mark TRAUMGEL — Application for registration No 16 289 712
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 December 2021 in Case R 813/2021-4
Form of order sought
The applicant claims that the Court should:
—annul the order No. 3 of the contested decision of the Fourth Board of Appeal — R 813/2021-4 of 20 December 2021;
—alter the order No. 1 of the contested decision of the Fourth Board of Appeal -R 813/2021-4 of 20 December 2021;
—annul the decision of the Opposition Division of 6 April 2021 beyond the goods contained in the order No. 1 insofar as the opposition was rejected for goods in Class 3;
—order the other party to the proceedings before EUIPO to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.