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Case T-53/19: Action brought on 31 January 2019 — SBS Bilimsel Çözümler Sanayi Ve Ticaret v EUIPO — Laboratorios Ern (apiheal)
ECLI:EU:UNKNOWN:62019TN0053
62019TN0053
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18.3.2019
EN
Official Journal of the European Union
C 103/58
(Case T-53/19)
(2019/C 103/74)
Language in which the application was lodged: Spanish
Parties
Applicant: SBS Bilimsel Çözümler Sanayi Ve Ticaret AŞ (Istanbul, Turkey) (represented by: M. López Camba, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Laboratorios Ern, SA (Barcelona, Spain)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark apiheal — Application for registration No 14 411 557
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 November 2018 in Case R 1725/2017-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it refused registration in respect of goods in Classes 30 and 5 (first and third paragraphs of the operative part of that decision);
—order EUIPO and Laboratorios Ern, SA, to pay the costs.
Plea in law
Infringement of Article 8(1)(b) and (5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.