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
(2021/C 278/79)
Language in which the application was lodged: German
Applicant: Moio GmbH (Fürth, Germany) (represented by: E. Grande García, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Paul Hartmann AG (Heidenheim, Germany)
Applicant for the trade mark at issue: Applicant
Trade mark at issue: Application for European Union figurative mark moio.care — Application for registration No 17 938 097
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 24 March 2021 in Case R 1034/2020-4
The applicant claims that the Court should:
—annul the contested decision, in so far as it adversely affects the applicant;
—in the alternative, annul the contested decision, in so far as a likelihood of confusion under Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council was established in relation to the earlier EU mark No 16 395 055, ‘Molicare’;
—in the further alternative, annul the contested decision, in so far as a likelihood of confusion was established for the goods claimed in Class 5 and the goods Data processing equipment; Peripheral devices for data reproduction; Mobile apps; Mobile data receivers; Mobile data communications apparatus; Transmitters [telecommunication]; Sensory software; Telecommunications software in Class 9;
—order EUIPO to pay the costs.
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.