Source: EURLEX
Language: en
Format: md

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| 21.8.2017 | EN | Official Journal of the European Union | C 277/55 |

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Action brought on 4 July 2017 — Mendes v EUIPO — Actial Farmaceutica (VSL#3)

(Case T-419/17)

(2017/C 277/80)

Language in which the application was lodged: Italian

Parties

Applicant: Mendes SA (Lugano, Switzerland) (represented by: G. Carpineti, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Actial Farmaceutica Srl (Rome, Italy)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union word mark ‘VSL#3’ — European Union trade mark No 1 437 789

Procedure before EUIPO: Revocation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 3 May 2017 in Case R 1306/2016-2

Form of order sought

The applicant claims that the Court should:

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| — | primarily, annul the contested decision of the Board of Appeal of EUIPO in accordance with and for the purposes of Article 51(1)(b) EUTMR; |

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| — | in the alternative, annul the contested decision of the Board of Appeal of EUIPO in accordance with and for the purposes of Article 51(1)(c) EUTMR; |

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| — | in any event, order that the applicant should be reimbursed in full for the costs of the proceedings, or at least that each party should bear its own costs in full. |

Plea in law

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| — | Infringement of Article 51(1)(b) and (c) of Regulation No 207/2009. |

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