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Case T-66/23: Action brought on 13 February 2023 — Aesculap v EUIPO — Aeneas (AESKUCARE Allergy)
ECLI:EU:UNKNOWN:62023TN0066
62023TN0066
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27.3.2023
Official Journal of the European Union
C 112/48
(Case T-66/23)
(2023/C 112/63)
Language in which the application was lodged: German
Parties
Applicant: Aesculap AG (Tuttlingen, Germany) (represented by: N. Hebeis, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Aeneas GmbH & Co. KG (Wendelsheim, Germany)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for the EU figurative mark AESKUCARE Allergy — Application No 17 917 493
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 November 2022 in Case R 20/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far it annulled the decision of the Opposition Division of EUIPO of 30 November 2021 and rejected the opposition in respect of the claimed goods and services in Classes 5, 42 and 44;
—order EUIPO to pay the costs of the proceedings before the General Court and order the intervener to pay the costs of the proceedings before EUIPO.
Plea in law
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.