Source: EURLEX
Language: en
Format: md

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| 28.10.2019 | EN | Official Journal of the European Union | C 363/25 |

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Action brought on 28 August 2019 – Healios v EUIPO – Helios Kliniken (Healios)

(Case T-591/19)

(2019/C 363/33)

Language of the case: English

Parties

Applicant: Healios KK (Tokyo, Japan) (represented by: P. Venohr, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Helios Kliniken GmbH (Berlin, Germany)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for European Union figurative mark Healios – Application for registration No 14 267 041

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 12 June 2019 in Case R 341/2018-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision in so far as the appeal was allowed and the contested application was rejected; |

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| — | order EUIPO to pay the costs. |

Pleas in law

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| — | Sufficient proofs of genuine use has not been provided, especially for ‘medical and bacteriology services’; |

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| — | There is no or low similarity of the goods and services, especially when comparing medical and bacteriology services in class 5; |

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| — | The graphic element and the perception of the relevant public was not sufficiently assessed. |

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