Case T-373/23: Action brought on 7 July 2023 — Galenica v EUIPO — EvivaMed Distribution (VIVORA)
Date: 2023-07-07
Institutions: General Court
Subjects: EU trade mark, computer equipment, diabetes, medical device, medical diagnosis, registered trade mark, software, trade-mark law








C_2023296EN.01004301.xml










21.8.2023   


EN


Official Journal of the European Union


C 296/43






Action brought on 7 July 2023 — Galenica v EUIPO — EvivaMed Distribution (VIVORA)
(Case T-373/23)
(2023/C 296/48)
Language in which the application was lodged: German

Parties


Applicant: Galenica AG (Bern, Switzerland) (represented by: C. Tenkhoff and T. Herzog, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: EvivaMed Distribution GmbH (Wenzenbach, Germany)

Details of the proceedings before EUIPO


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

Trade mark at issue: Application for EU word mark VIVORA — Application No 18 255 604

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 26 April 2023 in Case R 1556/2022-1

Form of order sought

The applicant claims that the Court should:






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annul in part and, if necessary, alter the contested decision in so far as it dismisses the appeal in respect of the following goods:

Class 9: Computer software and computer hardware for medical and diagnostic purposes, in particular in the field of diabetes; computer software for use in evaluation, verification and administration of medical data, in particular in the field of diabetes; computer software and computer hardware for the connection of medical apparatus and devices and additional hardware, in particular for use in the field of endocrinological and cardiovascular diseases, as well as accessories of the aforementioned goods, namely, personal digital assistants (PDAs) and handheld, data storage instruments with multiple functions and all kinds of corresponding machine-readable data carriers equipped with programs for use by patients and physicians; infrared interfaces for the transfer of device commands and configuration information from a personal computer to medical devices, in particular blood glucose meters, insulin pumps, and vice versa; modems for transferring patient data from diagnostic equipment to a remote site; cables for the connection of computers and computer accessories with medical apparatus and instruments; short-range wireless interconnection, in particular for mobile phones, computers and other electronic devices; IoT-Connections (GSM); online electronic publications (downloadable).


Class 10: Cannulae; inhalers; disposable syringes for injections; lancets and lancet devices; insulin pumps and accessories thereof for personal care, namely, glass and plastic cartridges, cartridge filling sets, catheters, infusion sets and tubing, pen needles, disposable syringes, adapters, ampoules, and filling devices;











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order EUIPO to pay the costs of the present proceedings, including the costs of the proceedings before the Board of Appeal.





Plea in law







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