EN

Official Journal of the European Union

C 172/43

(Case T-184/19)

(2019/C 172/57)

Language of the case: English

Parties

Applicant: Aurea Biolabs Pte Ltd (Cochin, India) (represented by: B. Brandreth, QC and L. Oommen, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Avizel SA (Luxembourg, Luxembourg)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for figurative mark AUREA BIOLABS — Application for registration No 15 836 737

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 29 January 2019 in Case R 814/2018-2 (CORR)

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order the payment of the Applicant’s costs.

Pleas in law

—In support of its decision, the Board of Appeal relies on an invalid provision of law;

—Had there been an obvious error of law, the appropriate course was to revoke the previous decision;

—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of the principles of natural justice.