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Document 62016TO0353

    Order of the General Court (Fifth Chamber) of 26 January 2017.
    European Social Enterprise Law Association v European Union Intellectual Property Office.
    EU trade mark — Representation of the applicant by a lawyer who is not a third party — Inadmissibility.
    Case T-353/16.

    Court reports – general – 'Information on unpublished decisions' section

    Order of the General Court (Fifth Chamber) of 26 January 2017 — European Social Enterprise Law Association v EUIPO (EUROPEAN SOCIAL ENTERPRISE LAW ASSOCIATION)

    (Case T‑353/16)

    (EU trade mark — Representation of the applicant by a lawyer who is not a third party — Inadmissibility)

    1. 

    Procedure—Application initiating proceedings—Formal requirements—Signature by a lawyer, who is a third party in relation to the applicant—Applicant company represented by a lawyer who is also its manager—Inadmissibility

    (Statute of the Court of Justice, Arts 19, first, third and fourth paras, and 21, first para.; Rules of Procedure of the General Court, Art. 73(1))

    (see paras 14-17, 19-20)

    2. 

    Judicial proceedings—Application initiating proceedings—Formal requirements—Conditions relating to a signatory—Status of a third party in relation to the parties—Applicant company represented by its managing director—Non-compliance with the requirement of independence

    (Statute of the Court of Justice, Art. 19, third and fourth paras)

    (see para. 18)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 26 April 2016 (Case R 2208/2015-4), concerning an application for registration of the word sign EUROPEAN SOCIAL ENTERPRISE LAW ASSOCIATION as an EU trade mark.

    Operative part

    1. 

    The action is dismissed as inadmissible.

    2. 

    The European Social Enterprise Law Association is ordered to pay the costs.
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