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Case T-744/16: Action brought on 24 October 2016 — Generis — Farmacêutica/EUIPO — Corpak MedSystems (CORGRIP)
ECLI:EU:UNKNOWN:62016TN0744
62016TN0744
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19.12.2016
Official Journal of the European Union
C 475/22
(Case T-744/16)
(2016/C 475/33)
Language in which the application was lodged: English
Parties
Applicant: Generis — Farmacêutica, SA (Amadora, Portugal) (represented by: J. Paulo Sena Mioludo, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Corpak MedSystems, Inc. (Buffalo Grove, Illinois, United States)
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: EU word mark ‘CORGRIP’ — Application for registration No 12 437 919
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 July 2016 in Case R 2443/2015-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—maintain the decision of the Opposition Division of 15 October 2015 in Opposition B 002334129;
—upheld the Opposition B 002334129;
—refuse in its entirety the EU Trademark Application No. 012437919 ‘CORGRIP’;
—order EUIPO to bear its own costs and pay those of the Appellant.
Plea in law
—Infringement of Article 8(1) (b) of Regulation No 207/2009.