21.1.2019
EN
Official Journal of the European Union
C 25/61
Action brought on 26 November 2018 — Werner v EUIPO — Merck (fLORAMED)
(Case T-695/18)
(2019/C 25/79)
Language in which the application was lodged: German
Parties
Applicant: Stefan Werner (Baldham, Germany) (represented by: T. Büttner, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Merck KGaA (Darmstadt, Germany)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark ‘fLORAMED’ — Registration No 15 336 639
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 17 September 2018 in Case R 197/2018-2
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision, as well as the decision of the Opposition Division of 24 November 2017, to reject the application for a trade mark in respect of all the goods claimed, which upheld the opposition brought by the opposing party on 7 October 2016.
Plea in law
—
Infringement of Article 8(1)(b) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council.
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