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Case T-571/20: Order of the General Court of 21 December 2021 — Luna Italia v EUIPO — Luna (LUNA SPLENDIDA) (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)
ECLI:EU:UNKNOWN:62020TB0571
62020TB0571
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14.3.2022
Official Journal of the European Union
C 119/43
(Case T-571/20) (*)
(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
1.The action is dismissed as manifestly lacking any foundation in law.
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.
(*) Language of the case: English.
(1) OJ C 44, 8.2.2021.