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Case T-511/22: Action brought on 23 August 2022 — Olimp Laboratories v EUIPO — Schmitzer (HPU AND YOU)
ECLI:EU:UNKNOWN:62022TN0511
62022TN0511
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10.10.2022
EN
Official Journal of the European Union
C 389/17
(Case T-511/22)
(2022/C 389/19)
Language in which the application was lodged: English
Parties
Applicant: Olimp Laboratories sp. z o.o. (Dębica, Poland) (represented by: M. Kondrat, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Sonja Schmitzer (Teltow, Germany)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for European Union figurative mark HPU AND YOU — Application for registration No 18 174 721
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 23 June 2022 in Case R 1888/2021-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and refer the case back to EUIPO for reconsideration, or,
—alter the contested decision, stating that there are relative grounds for the refusal of registration of trade mark application No 18 174 721 for all goods and services in class 5, 35 and 44 and that the trade mark shall not be registered;
—award the costs in the applicant’s favour.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the principle of trademarks similarity assessment;
—Infringement of the principles of the protection of legitimate expectations and of legal certainty.