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Case T-792/19: Action brought on 11 November 2019 — Agepha Pharma v EUIPO — Apogepha Arzneimittel (AGEPHA)
ECLI:EU:UNKNOWN:62019TN0792
62019TN0792
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Valentina R., lawyer
13.1.2020
EN
Official Journal of the European Union
C 10/50
(Case T-792/19)
(2020/C 10/61)
Language in which the application was lodged: German
Parties
Applicant: Agepha Pharma s. r. o. (Senec, Slovakia) (represented by: D. Göbel, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Apogepha Arzneimittel GmbH (Dresden, Germany)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: Application for EU word mark AGEPHA — EU trade mark application No 7 007 909
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 August 2019 in Case R 386/2019-2
Form of order sought
The applicant claims that the Court should:
—vary the contested decision and reject the opposition;
—in the alternative, annul the contested decision;
—order EUIPO and the other party to pay the costs incurred in the proceedings before the Second Board of Appeal and in the present proceedings.
Pleas in law
—infringement of Article 42(2) of Council Regulation (EC) No 207/2009;
—infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.