CELEX: 62021TN0293
Language: en
Date: 2021-05-25 00:00:00
Title: Case T-293/21: Action brought on 25 May 2021 — Muschaweck v EUIPO — Conze (UM)

12.7.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 278/67
            
         
      Action brought on 25 May 2021 — Muschaweck v EUIPO — Conze (UM)
      (Case T-293/21)
      (2021/C 278/91)
      Language in which the application was lodged: German
      
         Parties
      
      
         Applicant: Ulrike Muschaweck (Munich, Germany) (represented by: C. Konle, lawyer)
      
         Defendant: European Union Intellectual Property Office (EUIPO)
      
         Other party to the proceedings before the Board of Appeal: Joachim Conze (Munich, Germany)
      
         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: EU word mark ‘UM’ — EU trade mark No 9 305 731
      
         Procedure before EUIPO: Cancellation proceedings
      
         Contested decision: Decision of the Second Board of Appeal of EUIPO of 15 March 2021 in Case R 2260/2019-2
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  annul the contested decision and annul the decision of the Cancellation Division of EUIPO of 6 August 2019 in so far as it was decided that EU trade mark No 9 305 731 is to remain registered for the other services, namely for:
                  Class 44: Medical services in the field of hernia surgery;
               
            
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                  uphold the application for a declaration of revocation of EU trade mark No 9 305 731 in its entirety;
               
            
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                  thus declare EU trade mark No 9 305 731 to be revoked with effect from 20 June 2017 for all goods and services, namely for:
                  Class 10: Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials;
                  Class 41: Education and entertainment; providing of training; sporting and cultural activities; all of the aforesaid services being in the field of medical services;
                  Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; all of the aforesaid services being in the field of medical services.
                  Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services;
               
            
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                  order EUIPO to pay the costs.
               
            
         Pleas in law
      
      
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                  The contested decision is vitiated by procedural errors of law: no effective representation of the other party; the submission made by the proprietor of the trade mark is out of time;
               
            
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                  The contested decision is vitiated by substantive errors of law: no authorisation of the original proprietor of the trade mark to use the mark; no genuine use of EU trade mark UM; use of EU trade mark UM bearing the additional text ‘Dr. Muschaweck’.