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Case T-574/23: Action brought on 18 September 2023 — Hoya Medical Singapore v EUIPO — Alcon (VIVITY)
ECLI:EU:UNKNOWN:62023TN0574
62023TN0574
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Official Journal of the European Union
EN
Series C
C/2023/354
30.10.2023
(Case T-574/23)
(C/2023/354)
Language in which the application was lodged: English
Parties
Applicant: Hoya Medical Singapore Pte Ltd (Singapore, Singapore) (represented by: J. Eberhardt, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Alcon Inc. (Fribourg, Switzerland)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union word mark VIVITY — European Union trade mark No 17 249 442
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 July 2023 in Case R 2120/2021-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs of the proceedings, including the costs incurred in the proceedings before the cancellation division of the defendant and its Board of Appeal.
Pleas in law
—Infringement of Article 60(1)(a) EUTMR in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 95(1), first sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council.