Action brought on 28 February 2024 – Guangzhou Wanglaoji Grand Health v EUIPO – Multi Access (Device of three Chinese characters on red background)

(Case T-126/24)

(C/2024/2781)

Language in which the application was lodged: English

Parties

Applicant: Guangzhou Wanglaoji Grand Health Co. Ltd (Guangzhou, China) (represented by: P. Groß, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Multi Access Ltd (Road Town, British Virgin Islands)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union figurative mark (Device of three Chinese characters on red background) – European Union trade mark No 10 414 068

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 December 2023 in Case R 327/2023-4

Form of order sought

The applicant claims that the Court should:

—	annul the contested decision;

—	declare the contested mark invalid on the basis of Article 52(1)(b) of Council Regulation (EC) No 207/2009;

—	order EUIPO and Multi Access Limited, in case that the latter decides to intervene, to bear their own costs;

—	order EUIPO and Multi Access Limited, in case that the latter decides to intervene, to pay the costs incurred by the applicant, including those the latter party incurred before the Board of Appeal.

Plea in law

—	Infringement of Article 52(1)(b) of Council Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council).