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Case T-288/23: Action brought on 24 May 2023 — Unilab v EUIPO — Cofares (Healthily)
ECLI:EU:UNKNOWN:62023TN0288
62023TN0288
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17.7.2023
EN
Official Journal of the European Union
C 252/71
(Case T-288/23)
(2023/C 252/85)
Language in which the application was lodged: English
Parties
Applicant: Unilab LP (Rockville, Maryland, United States) (represented by: M. Kondrat, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Cofares, Sociedad Cooperativa Farmaceutica Española (Madrid, Spain)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union figurative mark Healthily — Application for registration No 18 324 697
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 1 March 2023 in Case R 1959/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and refer the case back to the EUIPO for reconsideration; or
—alter the contested decision by stating that there are no relative grounds for refusal of registration of the trade mark at issue for all goods in classes 3, 5, 10 and the trademark shall be registered in its entirety;
—award the costs in the applicant’s favour.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the principle of the protection of legitimate expectations and the principle of legal certainty;
—Infringement of Articles 94(1) and 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.