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Case T-751/21: Action brought on 26 November 2021 — EMS Electro Medical Systems v EUIPO (AIRFLOW)
ECLI:EU:UNKNOWN:62021TN0751
62021TN0751
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Official Journal of the European Union
C 64/29
(Case T-751/21)
(2022/C 64/41)
Language of the case: English
Parties
Applicant: EMS Electro Medical Systems GmbH (Munich, Germany) (represented by: K. Scheib and C. Schulte, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: International registration designating the European Union in respect of the word mark AIRFLOW — Application for registration No 1 533 193
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 September 2021 in Case R 546/2021-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to bear its own costs and to pay those incurred by EMS Electro Medical Systems GmbH.
Pleas in law
—Incorrect interpretation of Articles 7(1)(c) and 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Incorrect interpretation of Articles 7(1)(b) and 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 75(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 76(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.