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Case T-844/19: Action brought on 12 December 2019 — Apologistics v EUIPO — Peikert (discount-apotheke.de)
ECLI:EU:UNKNOWN:62019TN0844
62019TN0844
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10.2.2020
EN
Official Journal of the European Union
C 45/94
(Case T-844/19)
(2020/C 45/80)
Language in which the application was lodged: German
Parties
Applicant: Apologistics GmbH (Markkleeberg, Germany) (represented by: H. Hug, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Franz Michael Peikert (Offenbach, 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 discount-apotheke.de in light green, dark green and white — Application for registration No 14 678 007
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 10 October 2019 in Case R 2309/2018-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and the Opposition Division’s decision of 5 October 2018;
—order EUIPO to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.