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Case T-97/23: Action brought on 23 February 2023 — Medela v EUIPO (THE SCIENCE OF CARE)
ECLI:EU:UNKNOWN:62023TN0097
62023TN0097
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11.4.2023
Official Journal of the European Union
C 127/56
(Case T-97/23)
(2023/C 127/69)
Language of the case: German
Parties
Applicant: Medela Holding AG (Baar, Switzerland) (represented by: M. Hartmann, S. Fröhlich and H. Lerchl, lawyers)
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 ‘THE SCIENCE OF CARE’ — International Registration No 1 635 852 designating the European Union
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 2 December 2022 in Case R 1163/2022-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision concerning the refusal in part of the application for the extension of protection under international registration No 1 635 852 THE SCIENCE OF CARE, in so far as the Board of Appeal therein refused to grant protection for the mark for the Class 44 services ‘rental of breast pumps and vacuum pumps; advisory and information services for medical products; consultancy in the field of medical apparatus and instruments’;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of the first sentence of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.