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Case T-347/23: Action brought on 26 June 2023 — EvivaMed Distribution v EUIPO — Galencia (VIVORA)
ECLI:EU:UNKNOWN:62023TN0347
62023TN0347
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Official Journal of the European Union
C 278/29
(Case T-347/23)
(2023/C 278/40)
Language in which the application was lodged: German
Parties
Applicant: EvivaMed Distribution GmbH (Wenzenbach, Germany) (represented by: K. Landes, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Galencia AG (Berne, Switzerland)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: Application for the EU word mark VIVORA — Application No 18 255 604
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 26 April 2023 in Case R 1556/2022-1
Form of order sought
The applicant claims that the Court should:
—annul and, if appropriate, alter the contested decision in so far as the appeal and the opposition were upheld and the EU trade mark application VIVORA was dismissed in respect of goods and services in Classes 5, 41, 42 and 44;
—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.