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Case T-160/21: Action brought on 25 March 2021 — Laboratorios Ern v EUIPO — Malpricht (APIRETAL)

ECLI:EU:UNKNOWN:62021TN0160

62021TN0160

March 25, 2021
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31.5.2021

EN

Official Journal of the European Union

C 206/31

(Case T-160/21)

(2021/C 206/39)

Language of the case: English

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: Ingrid Malpricht (Ludwigshafen, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark APIRETAL — European Union trade mark No 4 814 158

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 January 2021 in Case R 1004/2020-4

Form of order sought

The applicant claims that the Court should:

uphold the present appeal;

revoke the defendant’s decision of 20 March 2020;

annul the contested decision of 20 January 2021;

revoke the cancellation for non-use the EUTM no. 4 814 158 ‘APERITAL’ in relation to contested goods in Class 5 while maintaining the registration of these goods (as well as to ‘pharmaceutical preparations’);

order EUIPO and the other party to the appeal proceedings, should it intervene in these proceedings, to pay the costs.

Pleas in law

Misinterpretation of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council when examining the concept of genuine use of the contested mark of any of the contested goods;

Misinterpretation of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council when assessing the concept of the proper reason for non-use.

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