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14.3.2022 |
EN |
Official Journal of the European Union |
C 119/43 |
Order of the General Court of 21 December 2021 — Luna Italia v EUIPO — Luna (LUNA SPLENDIDA)
(Case T-571/20) (1)
(EU trade mark - Invalidity proceedings - EU figurative mark LUNA SPLENDIDA - Earlier EU figurative mark Luna - Relative ground for refusal - Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) - Action manifestly lacking any foundation in law)
(2022/C 119/59)
Language of the case: English
Parties
Applicant: Luna Italia Srl (Cantù, Italy) (represented by: N. Papakostas, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Luna AE (Agios Stefanos, Greece) (represented by: M. Sioufas, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 June 2020 (Case R 1895/2019 5), concerning invalidity proceedings between Luna and Luna Italia.
Operative part of the order
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1. |
The action is dismissed as manifestly lacking any foundation in law. |
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2. |
Luna Italia Srl is ordered to bear, in addition to its own costs, those incurred by the European Union Intellectual Property Office (EUIPO) and Luna AE. |