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/2023/354 | 30.10.2023 |

Action brought on 18 September 2023 — Hoya Medical Singapore v EUIPO — Alcon (VIVITY)

(Case T-574/23)

(C/2023/354)

Language in which the application was lodged: English

Parties

Applicant: Hoya Medical Singapore Pte Ltd (Singapore, Singapore) (represented by: J. Eberhardt, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Alcon Inc. (Fribourg, Switzerland)

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 VIVITY — European Union trade mark No 17 249 442

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 July 2023 in Case R 2120/2021-4

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order EUIPO to pay the costs of the proceedings, including the costs incurred in the proceedings before the cancellation division of the defendant and its Board of Appeal. |

Pleas in law

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

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| — | Infringement of Article 95(1), first sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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