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Case T-305/19: Judgment of the General Court of 8 July 2020 — Welmax +. v EUIPO — Valmex Medical Imaging (welmax) (EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark welmax — Earlier EU word mark valmex — Time limits for an appeal before the Board of Appeal — Delay — Point from which time starts to run — Notification — Proof of dispatch by registered post — Communication by email — Failure to comply with the obligation to pay the appeal fee within the time limit — Appeal deemed not to have been filed — Scope of the requests for regularisation — Article 68(1) of Regulation (EU) 2017/1001 — Articles 23 and 56 to 58 of Delegated Regulation (EU) 2018/625)
ECLI:EU:UNKNOWN:62019TA0305
62019TA0305
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Valentina R., lawyer
12.10.2020
Official Journal of the European Union
C 339/16
(Case T-305/19) (*)
(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark welmax - Earlier EU word mark valmex - Time limits for an appeal before the Board of Appeal - Delay - Point from which time starts to run - Notification - Proof of dispatch by registered post - Communication by email - Failure to comply with the obligation to pay the appeal fee within the time limit - Appeal deemed not to have been filed - Scope of the requests for regularisation - Article 68(1) of Regulation (EU) 2017/1001 - Articles 23 and 56 to 58 of Delegated Regulation (EU) 2018/625)
(2020/C 339/19)
Language of the case: Polish
Parties
Applicant: Welmax + sp. z o.o. sp.k. (Poznań, Poland) (represented by: M. Machyński, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Valmex Medical Imaging GmbH (Augsbourg, Germany)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 March 2019 (Case R 2245/2018-5), relating to opposition proceedings between Valmex Medical Imaging and Welmax +.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Welmax + sp. z o.o. sp.k. to pay the costs.
(*)
OJ C 230, 8.7.2019.