Action brought on 4 July 2023 – Verla-Pharm Arzneimittel v EUIPO – Converso (Pherla)

(Case T-357/23)

Language in which the application was lodged: English

Parties

Applicant: Verla-Pharm Arzneimittel GmbH & Co. KG (Tutzing, Germany) (represented by: M.-C. Seiler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Valeria Converso (San Giorgio a Cremano, Italy)

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 mark Pherla – Application for registration No l8 319 785

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 February 2023 in Case R 268/2022-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision which was notified on 25 April 2023;

uphold the opposition number B 3 139 093 in its entirety, and reject the contested application in respect of all the contested goods in class 5;

in the alternative, remit the case to the Board of Appeal for re-examination;

order EUIPO to bear the applicant’s costs and expenses.

Pleas in law

Infringement of Article 94(1), first sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council due to violation of the defendant’s obligation to state reasons of its decisions, also provided in Article 41(1), (2)(c) of the Charter of Fundamental Rights of the European Union;

Infringement of Article 94(1), second sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council due to violation of the applicant’s right to be heard, also provided in Article 41(1), (2)(a) of the Charter of Fundamental Rights of the European Union;

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council due to its misapplication and therefore violation.

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