4.7.2016

Official Journal of the European Union

C 243/46

(Case T-236/16)

(2016/C 243/52)

Language of the case: German

Parties

Applicant: Biogena Naturprodukte GmbH & Co KG (Salzburg, Austria) (represented by: I. Schiffer, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: EU figurative mark including the word elements ‘ZUM wohl’ — Application No 13 666 871

Contested decision: Decision of the First Board of Appeal of EUIPO of 23 February 2016 in Case R 1982/2015-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—declare that the sign applied for under the number 013 666 871 be allowed to proceed to registration as an EU trade mark in respect of all the goods and services in Classes 29, 30, 32 and 43 for which registration is sought in the application of 23 January 2015;

—order EUIPO to pay all the costs which the applicant for the EU trade mark has incurred as a result of the application procedure;

—order EUIPO to pay the costs of these proceedings.

Pleas in law

—Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009.