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Case T-565/17: Order of the General Court of 11 December 2018 — CheapFlights International v EUIPO — Momondo Group (Cheapflights) (EU trade mark — Opposition proceedings — Application for EU figurative mark Cheapflights — Referral of the trade mark application to the examiner for examination of the absolute grounds for refusal — Challenge by the proprietor of the earlier mark — Grounds of the contested decision containing an assessment of the validity of the earlier mark — Challenge by the proprietor of the earlier mark — Partial inadmissibility — Incidental submissions made on the basis on Article 8(3) of Regulation (EC) No 216/96 — Withdrawal of the appeal before the Board of Appeal — No need to adjudicate in part)
ECLI:EU:UNKNOWN:62017TB0565
62017TB0565
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Official Journal of the European Union
C 65/36
(Case T-565/17) (*)
((EU trade mark - Opposition proceedings - Application for EU figurative mark Cheapflights - Referral of the trade mark application to the examiner for examination of the absolute grounds for refusal - Challenge by the proprietor of the earlier mark - Grounds of the contested decision containing an assessment of the validity of the earlier mark - Challenge by the proprietor of the earlier mark - Partial inadmissibility - Incidental submissions made on the basis on Article 8(3) of Regulation (EC) No 216/96 - Withdrawal of the appeal before the Board of Appeal - No need to adjudicate in part))
(2019/C 65/46)
Language of the case: English
Parties
Applicant: CheapFlights International Ltd (Speenoge, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Momondo Group Ltd (London, United Kingdom)
Re:
Action brought against the decision of the Grand Board of Appeal of EUIPO of 1 June 2017 (R 1893/2011-G) relating to opposition proceedings between CheapFlights International and Momondo Group.
Operative part of the order
1.There is no longer any need to adjudicate on the action in so far as it is directed against the closure of the appeal proceedings by the decision of the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 June 2017 (Case R 1893/2011-G) with regard to the goods and services in Classes 9, 16, 35 and 42 in respect of which the Opposition Division had rejected the opposition of CheapFlights International Ltd.
2.The action is dismissed as inadmissible as to the remainder.
3.CheapFlights International shall pay, in addition to its own costs, half of the costs incurred by EUIPO.
4.EUIPO shall bear half of its own costs.
(*) Language of the case: English.
ECLI:EU:C:2019:140