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Case T-192/21: Action brought on 12 April 2021 — Laboratories Ern v EUIPO — Beta Sports (META)

ECLI:EU:UNKNOWN:62021TN0192

62021TN0192

April 12, 2021
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7.6.2021

EN

Official Journal of the European Union

C 217/56

(Case T-192/21)

(2021/C 217/71)

Language in which the application was lodged: Spanish

Parties

Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: T. González Martínez, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Beta Sports LLC (Coconut Creek, Florida, United States)

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 word mark META — Application for registration No 17 973 308

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 22 January 2021 in Case R 1152/2020-2

Forms of order sought

The applicant claims that the Court should:

annul the contested decision;

reject the application for European Union trade mark No 17 973 308 META in Class 5;

order the defendant, or if applicable, the intervener, to pay the costs.

Plea in law

Infringement of Article 8(1)(b) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council.

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