Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  Series C |

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|  | C/2024/1266 | 12.2.2024 |

Action brought on 20 December 2023 — Siemens Healthineers v EUIPO — Sunware (teamplay)

(Case T-1175/23)

(C/2024/1266)

Language in which the application was lodged: English

Parties

Applicant: Siemens Healthineers AG (Forchheim, Germany) (represented by: M. Taxhet, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Sunware s. r. o. (Prague, Czech Republic)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark teamplay — European Union trade mark No 13 383 831

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 October 2023 in Case R 747/2022-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision and the decision of the Cancellation Division to the extent that the trade mark at issue was declared invalid for goods and services in Classes 9 and 42; |

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| — | allow the trade mark at issue to stay on the register for the above goods and services; |

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| — | order EUIPO and the other party to the proceedings to pay the costs of the present proceedings and of the proceedings before EUIPO. |

Pleas in law

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| — | Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625; |

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| — | Violation of the right to be heard as an essential formal requirement; |

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| — | Infringement of Article 18(1) in conjunction with Article 64(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 60(1)(a) in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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