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Case T-802/16: Action brought on 08 November 2016 — Endoceutics v EUIPO — Merck (FEMIBION)
ECLI:EU:UNKNOWN:62016TN0802
62016TN0802
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23.1.2017
Official Journal of the European Union
C 22/45
(Case T-802/16)
(2017/C 022/61)
Language in which the application was lodged: English
Parties
Applicant: Endoceutics, Inc. (Quebec, Canada) (represented by: M. Wahlin, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Merck KGaA (Darmstadt, Germany)
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: EU word mark ‘FEMIBION’ — EU trade mark No 898 924
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of EUIPO of 14 July 2016 in Case R 1608/2015-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in part and revoke the EUTM for ‘pharmaceutical preparations for immune system support, for menopause, for menstruation, for treatment and management of pregnancy, for the prevention, treatment and management of stress, for the prevention, treatment and management of stress ill-balanced or deficient nutrition’;
—order the EUTM proprietor to pay the Applicant’s costs on the appeal and with regard to the proceedings at the EUIPO.
Plea in law
—Infringement of Article 51(1)(a) of Regulation No 207/2009.