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Case T-149/21: Action brought on 18 March 2021 — UGA Nutraceuticals v EUIPO — Vitae Health Innovation (VITADHA)
ECLI:EU:UNKNOWN:62021TN0149
62021TN0149
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10.5.2021
EN
Official Journal of the European Union
C 182/62
(Case T-149/21)
(2021/C 182/84)
Language of the case: English
Parties
Applicant: UGA Nutraceuticals Srl (Gubbio, Italy) (represented by: M. Riva, J. Graffer and A. Ottolini, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Vitae Health Innovation SL (Montmeló, Spain)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: International registration designating the European Union in respect of the mark VITADHA — International registration designating the European Union No 1 352 764
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 15 January 2021 in Case R 2719/2019-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision by declaring the signs dissimilar and admitting the opposed application to registration;
—order the adverse parties to bear the costs of the present proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.