Source: EURLEX
Language: en
Format: md

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| 13.1.2020 | EN | Official Journal of the European Union | C 10/50 |

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Action brought on 11 November 2019 — Agepha Pharma v EUIPO — Apogepha Arzneimittel (AGEPHA)

(Case T-792/19)

(2020/C 10/61)

Language in which the application was lodged: German

Parties

Applicant: Agepha Pharma s. r. o. (Senec, Slovakia) (represented by: D. Göbel, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Apogepha Arzneimittel GmbH (Dresden, Germany)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for EU word mark AGEPHA — EU trade mark application No 7 007 909

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 August 2019 in Case R 386/2019-2

Form of order sought

The applicant claims that the Court should:

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| — | vary the contested decision and reject the opposition; |

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| — | in the alternative, annul the contested decision; |

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| — | order EUIPO and the other party to pay the costs incurred in the proceedings before the Second Board of Appeal and in the present proceedings. |

Pleas in law

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| — | infringement of Article 42(2) of Council Regulation (EC) No 207/2009; |

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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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