Source: EURLEX
Language: en
Format: md

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| 26.6.2023 | EN | Official Journal of the European Union | C 223/41 |

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Action brought on 11 May 2023 — Quality First v EUIPO (MORE-BIOTIC)

(Case T-243/23)

(2023/C 223/54)

Language of the case: German

Parties

Applicant: Quality First GmbH (Elmshorn, Germany) (represented by: J. Schneider and M. Kleinn, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for the EU word mark ‘MORE-BIOTIC’ — Application No 18 634 806

Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 February 2023 in Case R 1708/2022-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | allow the trade mark at issue to be granted protection through registration in the European Union; |

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| — | order EUIPO to pay the costs. |

Pleas in law

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| — | Infringement of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in so far as ‘MORE-BIOTIC’ is vague and undefined and, therefore, is distinctive; |

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| — | ‘MORE-BIOTIC’ is an unusual combination and is distinctive; |

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| — | ‘MORE-BIOTIC’ does not convey a purely promotional message; |

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| — | No direct description in respect of the goods and services; |

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| — | Infringement of the principle of equal treatment. |

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