Action brought on 20 December 2023 – Siemens Healthineers v EUIPO – Sunware (teamplay)

(Case T-1175/23)

Language in which the application was lodged: English

Parties

Applicant: Siemens Healthineers AG (Forchheim, Germany) (represented by: M. Taxhet, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Sunware s. r. o. (Prague, Czech Republic)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark teamplay – European Union trade mark No 13 383 831

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 October 2023 in Case R 747/2022-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision and the decision of the Cancellation Division to the extent that the trade mark at issue was declared invalid for goods and services in Classes 9 and 42;

allow the trade mark at issue to stay on the register for the above goods and services;

order EUIPO and the other party to the proceedings to pay the costs of the present proceedings and of the proceedings before EUIPO.

Pleas in law

Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625;

Violation of the right to be heard as an essential formal requirement;

Infringement of Article 18(1) in conjunction with Article 64(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 60(1)(a) in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

____________