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Case T-321/18: Action brought on 18 May 2018 — Serenity Pharmaceuticals v EUIPO — Gebro Holding (NOCUVANT)
ECLI:EU:UNKNOWN:62018TN0321
62018TN0321
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(Case T-321/18)
Language in which the application was lodged: English
Parties
Applicant: Serenity Pharmaceuticals LLC (Milford, Pennsylvania, United States) (represented by: J. Day, Solicitor)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Gebro Holding GmbH (Fieberbrunn, Austria)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant
Trade mark at issue: EU word mark NOCUVANT — Application for registration No 13 053 434
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 March 2018 in Case R 584/2017-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the decision of the Opposition Division of 27 January 2018 in Opposition No. B 002437922;
—order EUIPO and Gebro Holdings GmbH to bear their own costs and pay those of the Applicant.
Pleas in law
—Infringement of Article 47(2) of Regulation No 2017/1001;
—Infringement of Article 8(1)(b) of Regulation No 2017/1001.