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Case T-767/22: Action brought on 9 December 2022 — Hoffmann v EUIPO — Moldex/Metric (Holex)
ECLI:EU:UNKNOWN:62022TN0767
62022TN0767
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30.1.2023
EN
Official Journal of the European Union
C 35/80
(Case T-767/22)
(2023/C 35/100)
Language in which the application was lodged: German
Parties
Applicant: Hoffmann GmbH Qualitätswerkzeuge (Munich, Germany) (represented by: D. von Schultz, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Moldex/Metric AG & Co. KG (Walddorfhäslach, Germany)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: Application for the EU word mark ‘Holex’ — Application No 18 222 083
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 30 September 2022 in Case R 1248/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision, in so far as EU trade mark application No 18 222 083 was refused in respect of the goods ‘respiratory masks, except for artificial respiration’ in Class 9 and ‘Dispensers for ear protection devices; Hearing protection means; Hearing protection means, in particular protective earplugs, protective ear flanges, protective earmuffs (ear protection devices in the form of headphones)’;
—reject the opposition in its entirety;
—order EUIPO to pay the costs of the proceedings.
Plea in law
Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.