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Case T-51/19: Action brought on 29 January 2019 — Laboratorios Ern v EUIPO — SBS Bilimsel Bio Çözümler Sanayi Ve Ticaret (apiheal)
ECLI:EU:UNKNOWN:62019TN0051
62019TN0051
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18.3.2019
EN
Official Journal of the European Union
C 103/57
(Case T-51/19)
(2019/C 103/73)
Language in which the application was lodged: Spanish
Parties
Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: S. Correa Rodríguez, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: SBS Bilimsel Bio Çözümler Sanayi Ve Ticaret AŞ (Istanbul, Turkey)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for EU figurative mark apiheal — Application for registration No 14 411 557
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 November 2018 in Case R 1725/2017-4
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision in so far as concerns the partial granting of the application for the following goods: ‘perfumery; cosmetics; fragrances; deodorants for personal use and animals; soaps; bath herbs, not for medical purposes; dental care preparations, dentifrices, denture polishes, tooth whitening preparations, mouth washes, not for medical use’ in Class 3 and ‘preparations for destroying vermin; fungicides, herbicides’ in Class 5.
—Refuse EU trade mark application No 14 411 557 apiheal with regard to the aforementioned ‘perfumery; cosmetics; fragrances; deodorants for personal use and animals; soaps; bath herbs, not for medical purposes; dental care preparations, dentifrices, denture polishes, tooth whitening preparations, mouth washes, not for medical use’ in Class 3 and ‘preparations for destroying vermin; fungicides, herbicides’ in Class 5.
—Order EUIPO and, if applicable, the intervener to pay the costs.
Pleas in law
Infringement of Article 8(1)(b) and (5) of Regulation (EU) 2017/1001 of the European Parliament and the Council.