Information;Judgment — ECLI:EU:T:2022:221
Date: 2022-04-06
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 20 May 2021 – Moio v EUIPO – Paul Hartmann (moio.care) (Case T-276/21) Language in which the application was lodged: German Parties Applicant: Moio GmbH (Fürth, Germany) (represented by: E. Grande García, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Paul Hartmann AG (Heidenheim, Germany) Details of the proceedings before EUIPO Applicant for the trade mark at issue: Applicant Trade mark at issue: Application for European Union figurative mark moio.care – Application for registration No 17 938 097 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 24 March 2021 in Case R 1034/2020-4 Form of order sought The applicant claims that the Court should: annul the contested decision, in so far as it adversely affects the applicant; in the alternative, annul the contested decision, in so far as a likelihood of confusion under Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council was established in relation to the earlier EU mark No 16 395 055, ‘Molicare’; in the further alternative, annul the contested decision, in so far as a likelihood of confusion was established for the goods claimed in Class 5 and the goods Data processing equipment; Peripheral devices for data reproduction; Mobile apps; Mobile data receivers; Mobile data communications apparatus; Transmitters [telecommunication]; Sensory software; Telecommunications software in Class 9; order EUIPO to pay the costs. Plea in law Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. ____________