I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
(Case T-160/21)
(2021/C 206/39)
Language of the case: English
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)
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
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.
—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.