# C_2020255EN.01002401.xml

| 3.8.2020 | EN | Official Journal of the European Union | C 255/24 |
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3.8.2020

EN

Official Journal of the European Union

C 255/24

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Action brought on the 1st of June 2020 — Fidia farmaceutici v EUIPO — Giuliani (IALO TSP)

(Case T-333/20)

(2020/C 255/31)

Language of the case: English

Parties

Applicant: Fidia farmaceutici SpA (Abano Terme, Italy) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Giuliani SpA (Milano, Italy)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for European Union word mark IALO TSP — Application for registration No 17 676 271

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 17 March 2020 in Case R 2107/2019-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
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annul the contested decision;

| — | order EUIPO to pay the costs; in the alternative, if the other party before the Board of Appeal intervenes, order EUIPO and the intervener jointly and severally to pay the costs. |
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order EUIPO to pay the costs; in the alternative, if the other party before the Board of Appeal intervenes, order EUIPO and the intervener jointly and severally to pay the costs.

Pleas in law

| — | Infringement of Article 165(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Articles 32(f) and 39(5) of Commission Delegated Regulation (EU) 2018/625; |
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Infringement of Article 165(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Articles 32(f) and 39(5) of Commission Delegated Regulation (EU) 2018/625;

| — | Infringement of Article 166(4)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Articles 32(f) and 39(5) of the Commission Delegated Regulation (EU) 2018/625; |
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Infringement of Article 166(4)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Articles 32(f) and 39(5) of the Commission Delegated Regulation (EU) 2018/625;

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in the failure to state reasons in the contested decision of the Board of Appeal; |
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Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in the failure to state reasons in the contested decision of the Board of Appeal;

| — | Infringement of the principles of equal treatment and sound administration. |
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Infringement of the principles of equal treatment and sound administration.

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