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Document 62017TA0193
Joined Cases T-193/17, T-194/17 and T-195/17: Judgment of the General Court of 3 May 2018 — CeramTec v EUIPO — C5 Medical Werks (Shape of a part of a prosthetic hip and others) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a part of a prosthetic hip — Figurative EU trade mark representing a part of a prosthetic hip — EU trade mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Inadmissibility of action before the Board of Appeal — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001))
Joined Cases T-193/17, T-194/17 and T-195/17: Judgment of the General Court of 3 May 2018 — CeramTec v EUIPO — C5 Medical Werks (Shape of a part of a prosthetic hip and others) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a part of a prosthetic hip — Figurative EU trade mark representing a part of a prosthetic hip — EU trade mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Inadmissibility of action before the Board of Appeal — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001))
Joined Cases T-193/17, T-194/17 and T-195/17: Judgment of the General Court of 3 May 2018 — CeramTec v EUIPO — C5 Medical Werks (Shape of a part of a prosthetic hip and others) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a part of a prosthetic hip — Figurative EU trade mark representing a part of a prosthetic hip — EU trade mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Inadmissibility of action before the Board of Appeal — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001))
OJ C 221, 25.6.2018, p. 22–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Joined Cases T-193/17, T-194/17 and T-195/17: Judgment of the General Court of 3 May 2018 — CeramTec v EUIPO — C5 Medical Werks (Shape of a part of a prosthetic hip and others) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a part of a prosthetic hip — Figurative EU trade mark representing a part of a prosthetic hip — EU trade mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Inadmissibility of action before the Board of Appeal — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001))
Judgment of the General Court of 3 May 2018 — CeramTec v EUIPO — C5 Medical Werks (Shape of a part of a prosthetic hip and others)
(Joined Cases T-193/17, T-194/17 and T-195/17) ( 1 )
‛(EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a part of a prosthetic hip — Figurative EU trade mark representing a part of a prosthetic hip — EU trade mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Inadmissibility of action before the Board of Appeal — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001))’
2018/C 221/26Language of the case: EnglishParties
Applicant: CeramTec GmbH (Plochingen, Germany) (represented by: initially A. Renck and E. Nicolás Gómez, and subsequently A. Renck, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: C5 Medical Werks (Grand Junction, Colorado, United States) (represented by: S. Naumann, lawyer)
Re:
Actions brought against the decisions of the Fourth Board of Appeal of EUIPO of 15 February 2017 (Cases R 929/2016-4, R 928/2016-4 and R 930/2016-4), relating to invalidity proceedings between C5 Medical Werks and CeramTec.
Operative part of the judgment
The Court:
|
1. |
Dismisses the actions; |
|
2. |
Orders CeramTec GmbH to bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO) and C5 Medical Werks. |
( 1 ) OJ C 161, 22.5.2017.