EN

Official Journal of the European Union

C 237/75

(Case T-242/22)

(2022/C 237/96)

Language in which the application was lodged: English

Parties

Applicant: OmniActive Health Technologies Ltd (Mumbai, India) (represented by: M. Hawkins, Solicitor, T. Dolde and C. Zimmer, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Pharmaselect International Beteiligungs GmbH (Vienna, Austria)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union word mark LUTAMAX — European Union trade mark No 3 472 974

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 24 February 2022 in Joined Cases R 524/2021-1 and R 649/2021-1

Form of order sought

The applicant claims that the Court should:

—partially annul the contested decision to the extent that it ordered EUTM No 3472974 LUTAMAX to remain on the register for ‘Dietary supplements adapted for medical or dietetic use for supporting eye health, none of the aforesaid goods for veterinary purposes’;

—order that the costs of the proceedings be borne by the defendant and/or the other party before the Board of Appeal (assuming it intervenes in the proceedings).

Pleas in law

—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.