Official Journal of the European Union

Series C

C/2023/143

16.10.2023

(Case T-532/23)

(C/2023/143)

Language in which the application was lodged: Polish

Parties

Applicant: Ardigen S.A. (Kraków, Poland) (represented by: T. Gawliczek, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: bioMérieux (Marcy l’Étoile, France)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: EU word mark ‘ARDIGEN’ — Application No 017666397

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 9 June 2023 in Case R 1524/2022-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in part (paragraph 3 of the decision) and declare that not all the conditions set out in Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council are satisfied and, consequently, dismiss the opposition and register the trade mark at issue for goods in Class 05 and services in Class 42;

—order EUIPO to pay the costs incurred by the applicant before the General Court and the costs necessarily incurred by the applicant for the purposes of the proceedings before the Board of Appeal;

—if the intervener joins the proceedings, order that the intervener should bear its own costs.

Plea in law

—Infringement of Article 8(1)(b) and Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

ELI: http://data.europa.eu/eli/C/2023/143/oj

ISSN 1977-091X (electronic edition)