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Case T-243/23: Action brought on 11 May 2023 — Quality First v EUIPO (MORE-BIOTIC)
ECLI:EU:UNKNOWN:62023TN0243
62023TN0243
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26.6.2023
EN
Official Journal of the European Union
C 223/41
(Case T-243/23)
(2023/C 223/54)
Language of the case: German
Parties
Applicant: Quality First GmbH (Elmshorn, Germany) (represented by: J. Schneider and M. Kleinn, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for the EU word mark ‘MORE-BIOTIC’ — Application No 18 634 806
Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 February 2023 in Case R 1708/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—allow the trade mark at issue to be granted protection through registration in the European Union;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in so far as ‘MORE-BIOTIC’ is vague and undefined and, therefore, is distinctive;
—‘MORE-BIOTIC’ is an unusual combination and is distinctive;
—‘MORE-BIOTIC’ does not convey a purely promotional message;
—No direct description in respect of the goods and services;
—Infringement of the principle of equal treatment.