8.1.2018

Official Journal of the European Union

C 5/45

(Case T-666/17)

(2018/C 005/61)

Language of the case: English

Parties

Applicant: NeoCell Holding Company LLC (Sunrise, Florida, United States) (represented by: M. Edenborough, QC)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: International registration designating the European Union in respect of the word mark ‘BIOACTIVE NEOCELL COLLAGEN’ — International registration No 1 298 829 designating the European Union

Contested decision: Decision of the Second Board of Appeal of EUIPO of 18 July 2017 in Case R 147/2017-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—in the alternative, alter the contested decision to state that the application possesses sufficient distinctive character that no objection to its registration may be raised under Article 7(1)(b) or (c) of the Regulation;

—order the defendant to pay to the application the applicant’s costs of and occasioned by this appeal.

Plea in law

—Infringement of Article 7 (1) (b) and (c) of Regulation No 207/2009.