This document is an excerpt from the EUR-Lex website
Document 62018TO0609
Order of the General Court (Ninth Chamber) of 23 May 2019.
Fujifilm Recording Media GmbH v European Union Intellectual Property Office.
EU trade mark — Invalidity proceedings — Application for EU word mark d:ternity — Earlier word mark iTernity — Withdrawal of the application for a declaration of invalidity before the action was brought — Invalidation of the contested decision — No interest in bringing proceedings — Action in part inadmissible and in part manifestly lacking any foundation in law.
Case T-609/18.
Order of the General Court (Ninth Chamber) of 23 May 2019.
Fujifilm Recording Media GmbH v European Union Intellectual Property Office.
EU trade mark — Invalidity proceedings — Application for EU word mark d:ternity — Earlier word mark iTernity — Withdrawal of the application for a declaration of invalidity before the action was brought — Invalidation of the contested decision — No interest in bringing proceedings — Action in part inadmissible and in part manifestly lacking any foundation in law.
Case T-609/18.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Ninth Chamber) of 23 May 2019 — Fujifilm Recording Media v EUIPO — iTernity (d:ternity)
(Case T‑609/18)
(EU trade mark — Invalidity proceedings — Application for EU word mark d:ternity — Earlier word mark iTernity — Withdrawal of the application for a declaration of invalidity before the action was brought — Invalidation of the contested decision — No interest in bringing proceedings — Action in part inadmissible and in part manifestly lacking any foundation in law)
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Judicial proceedings — Admissibility of actions — Judged by reference to the situation when the application was lodged (see para. 24) |
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Action for annulment — Natural or legal persons — Interest in bringing proceedings — Need for an actual and current interest — Assessment at the time when the action was brought — Action capable of securing a benefit for the applicant — None — Inadmissibility (Art 263, fourth para., TFEU) (see para. 25) |
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EU trade mark — Appeals procedure — Action brought against the decision upholding an application for a declaration of invalidity — Withdrawal of the application for a declaration of invalidity — Action that has become devoid of purpose — No need to adjudicate (Rules of Procedure of the General Court, Art. 131) (see paras 28, 29) |
Re
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 July 2018 (Case R 2324/2017-4), relating to invalidity proceedings between iTernity and Fujifilm Recording Media.
Operative part
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The action is dismissed. |
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Each party shall bear its own costs. |