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Case T-821/17: Action brought on 12 December 2017 — Vitromed v EUIPO — Vitromed Healthcare (VITROMED Germany)
ECLI:EU:UNKNOWN:62017TN0821
62017TN0821
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Official Journal of the European Union
C 52/41
(Case T-821/17)
(2018/C 052/54)
Language in which the application was lodged: German
Parties
Applicant: Vitromed GmbH (Jena, Germany) (represented by: M. Linß, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Vitromed Healthcare (Jaipur, India)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark including the word elements ‘VITROMED Germany’ — Application No 14 459 903
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 September 2017 in Case R 2402/2016-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—reject the opposition in its entirety;
—order the opposing party to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.