Action brought on 20 December 2023 – Interapothek/EUIPO – Q4 Media (miababy)

(Case T-1169/23)

Language in which the application was lodged: English

Parties

Applicant: Interapothek, SA (Santomera, Spain) (represented by: M. González Aleixandre, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Q4 Media (Poiana Câmpina, Romania)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative trade mark miababy – Application for registration No 18 507 117

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 31 October 2023 in Case R 1529/2023-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order the defendant to pay the costs incurred by the applicant;

in the alternative (if the other party to the proceedings before the Board of Appeal intervenes), order the defendant and the other party to the proceedings before the Board of Appeal to pay jointly and severally the costs incurred by the applicant.

Plea in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

____________