Official Journal of the European Union

C 363/25

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(Case T-591/19)

(2019/C 363/33)

Language of the case: English

Parties

Applicant: Healios KK (Tokyo, Japan) (represented by: P. Venohr, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Helios Kliniken GmbH (Berlin, Germany)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark Healios – Application for registration No 14 267 041

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 12 June 2019 in Case R 341/2018-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in so far as the appeal was allowed and the contested application was rejected;

—order EUIPO to pay the costs.

Pleas in law

—Sufficient proofs of genuine use has not been provided, especially for ‘medical and bacteriology services’;

—There is no or low similarity of the goods and services, especially when comparing medical and bacteriology services in class 5;

—The graphic element and the perception of the relevant public was not sufficiently assessed.

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