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Case T-303/22: Action brought on 23 May 2022 — Dicofarm v EUIPO — Marco Viti Farmaceuitici (Vitis pharma Dicofarm group)
ECLI:EU:UNKNOWN:62022TN0303
62022TN0303
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Valentina R., lawyer
18.7.2022
EN
Official Journal of the European Union
C 276/15
(Case T-303/22)
(2022/C 276/22)
Language in which the application was lodged: Italian
Parties
Applicant: Dicofarm SpA (Rome, Italy) (represented by: F. Ferrari, L. Goglia and G. Rapaccini, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Marco Viti Farmaceuitici SpA (Vicenza, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark Vitis pharma Dicofarm group — EU trade mark No 17 880 952
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 16 March 2022 in Case R 1050/2021-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it confirms the declaration of partial invalidity of EU trade mark No 17 880 952 made by the Cancellation Division of EUIPO by decision of 19 April 2021, Cancellation No 38283 C;
—annul the contested decision in so far as it orders the applicant to bear the costs incurred by Marco Viti Farmaceuitici in the appeal proceedings before EUIPO;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Articles 60 and 8 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.