Source: EURLEX
Language: en
Format: md

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| 12.7.2021 | EN | Official Journal of the European Union | C 278/58 |

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Action brought on 20 May 2021 — Moio v EUIPO — Paul Hartmann (moio.care)

(Case T-276/21)

(2021/C 278/79)

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:

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| — | annul the contested decision, in so far as it adversely affects the applicant; |

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| — | 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’; |

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| — | 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; |

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| — | order EUIPO to pay the costs. |

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. |

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