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Case T-359/17: Judgment of the General Court of 25 October 2018 — Aldo Supermarkets v EUIPO — Aldi Einkauf (ALDI) (EU trade mark – Opposition procedure – Application for EU word mark ALDI – Earlier national figurative mark ALDO – Relative ground for refusal – Conditions governing admissibility of the opposition – Rule 15 of Regulation (EC) No 2868/95 (now Article 2 of Delegated Regulation (EU) 2018/625) – Conditions governing representation of the earlier mark – Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) – Lack of proof of genuine use of earlier mark – Article 42 of Regulation (EC) No 207/2009 (now Article 47 of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0359
62017TA0359
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Official Journal of the European Union
C 4/27
(Case T-359/17) (*)
(EU trade mark - Opposition procedure - Application for EU word mark ALDI - Earlier national figurative mark ALDO - Relative ground for refusal - Conditions governing admissibility of the opposition - Rule 15 of Regulation (EC) No 2868/95 (now Article 2 of Delegated Regulation (EU) 2018/625) - Conditions governing representation of the earlier mark - Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) - Lack of proof of genuine use of earlier mark - Article 42 of Regulation (EC) No 207/2009 (now Article 47 of Regulation (EU) 2017/1001))
(2019/C 4/37)
Language of the case: English
Parties
Applicant: Aldo Supermarkets (Varna, Bulgaria) (represented initially by: C. Saettel, and subsequently by: T. Chevrier and M. Thewes, lawyers)
Defendant: European Union Intellectual Property Office (represented by: G. Sakalaite-Orlovskiene, A. Folliard-Monguiral and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lüzenrath, U. Rademacher, N. Bertram and C. Fürsen, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 March 2017 (Case R 976/2016-4), concerning opposition proceedings between Aldo Supermarkets and Aldi Einkauf.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Aldo Supermarkets to pay the costs.
(*) Language of the case: English.
ECLI:EU:C:2019:140
* * *
(1) OJ C 249, 31.7.2017.