28.10.2019
EN
Official Journal of the European Union
C 363/25
Action brought on 28 August 2019 – Healios v EUIPO – Helios Kliniken (Healios)
(Case T-591/19)
(2019/C 363/33)
Language of the case: English
Parties
Applicant: Healios KK (Tokyo, Japan) (represented by: P. Venohr, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Helios Kliniken GmbH (Berlin, Germany)
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 Healios – Application for registration No 14 267 041
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 12 June 2019 in Case R 341/2018-5
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision in so far as the appeal was allowed and the contested application was rejected;
—
order EUIPO to pay the costs.
Pleas in law
—
Sufficient proofs of genuine use has not been provided, especially for ‘medical and bacteriology services’;
—
There is no or low similarity of the goods and services, especially when comparing medical and bacteriology services in class 5;
—
The graphic element and the perception of the relevant public was not sufficiently assessed.
Full & Egal Universal Law Academy