Judgment;Information — ECLI:EU:T:2020:469
Date: 2020-10-05
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful

Action brought on 31 January 2019 –SBS Bilimsel Çözümler Sanayi Ve Ticaret v EUIPO — Laboratorios Ern (apiheal) (Case T-53/19) Language in which the application was lodged: Spanish Parties Applicant: SBS Bilimsel Çözümler Sanayi Ve Ticaret AŞ (Istanbul, Turkey) (represented by: M. López Camba, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Laboratorios Ern, SA (Barcelona, Spain) Details of the proceedings before EUIPO Applicant for the trade mark at issue: Applicant before the General Court Trade mark at issue: European Union figurative mark apiheal — Application for registration No 14 411 557 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 November 2018 in Case R 1725/2017-4 Form of order sought The applicant claims that the Court should: annul the contested decision in so far as it refused registration in respect of goods in Classes 30 and 5 (first and third paragraphs of the operative part of that decision); order EUIPO and Laboratorios Ern, SA, to pay the costs. Plea in law Infringement of Article 8(1)(b) and (5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. ____________