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Case T-432/24: Action brought on 20 August 2024 – Glaxo Group v EUIPO – Cipla Europe (Shape of an inhaler)
ECLI:EU:UNKNOWN:62024TN0432
62024TN0432
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Official Journal of the European Union
EN
C series
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C/2024/5657
30.9.2024
(Case T-432/24)
(C/2024/5657)
Language in which the application was lodged: English
Parties
Applicant: Glaxo Group Ltd (Brentford, United Kingdom) (represented by: T. de Haan, F. Verhoestraete and S. Vandezande, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Cipla Europe NV (Antwerp, Belgium)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union tridimensional mark (Shape of an inhaler) –European Union trade mark No 2 179 562
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 10 June 2024 in Case R 1835/2016-2
Form of order sought
The applicant claims that the Court should:
—Primarily, alter the contested decision and reject the application for a declaration of invalidity in its entirety;
—In the alternative, set aside the contested decision; and
—In any event, order EUIPO and the intervener to bear the costs, including those incurred by the applicant before the Office’s Second Board of Appeal.
Pleas in law
—Infringement of Article 51(1)(a) of Council Regulation (EC) No 40/94;
—Infringement of Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94 ;
—Infringement of Article 51(2) of Council Regulation (EC) No 40/94 ;
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 41(2) of the Charter of Fundamental Rights of the EU.
ELI: http://data.europa.eu/eli/C/2024/5657/oj
ISSN 1977-091X (electronic edition)
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