Source: EURLEX
Language: en
Format: md

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| 27.1.2020 | EN | Official Journal of the European Union | C 27/67 |

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Action brought on 22 November 2019 – Nutravita v EUIPO – Pegaso (nutravita Healthy Mind, Body & Soul.)

(Case T-814/19)

(2020/C 27/67)

Language of the case: English

Parties

Applicant: Nutravita Ltd (Maidenhead, United Kingdom) (represented by: H. Dhondt and J. Cassiman, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Pegaso Srl (Negrar, Italy)

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 nutravita Healthy Mind, Body & Soul. of colours light green and black – Application for registration No 16 255 804

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 11 September 2019 in Case R 80/2019-4

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. |

Pleas in law

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| — | Infringement of Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 18 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 10(3) of the Commission Delegated Regulation (EU) 2018/625; |

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| — | Infringement of Article 71(1)(b) of the Commission Delegated Regulation (EU) 2018/625; |

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| — | Infringement of Article 71(1) of Regulation of Regulation (EU) 2017/1001 of the European Parliament and of the Council; and |

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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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