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Case T-178/17: Order of the General Court of 18 January 2018 — W&O medical esthetics GmbH v EUIPO — Fidia farmaceutici (HYALSTYLE) (EU trade mark — Invalidity proceedings — EU word mark HYALSTYLE — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) — Request for the hearing of witnesses — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Action in part manifestly inadmissible and in part manifestly unfounded in law)

ECLI:EU:UNKNOWN:62017TB0178

62017TB0178

January 18, 2018
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12.3.2018

Official Journal of the European Union

C 94/27

(Case T-178/17)(1)

((EU trade mark - Invalidity proceedings - EU word mark HYALSTYLE - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) - Request for the hearing of witnesses - Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) - Action in part manifestly inadmissible and in part manifestly unfounded in law))

(2018/C 094/36)

Language of the case: English

Parties

Applicant: W&O medical esthetics GmbH (Oberursel, Germany) (represented by: A. Finkentey, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Söder, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Fidia farmaceutici SpA (Abano Terme, Italy) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 17 January 2017 (Case R 872/2016-1), relating to invalidity proceedings between W&O medical esthetics and Fidia farmaceutici.

Operative part of the order

1.The action is dismissed.

2.W&O medical esthetics GmbH shall bear its own costs and those of the European Union Intellectual Property Office (EUIPO) and of Fidia farmaceutici SpA.

OJ C 144, 8.5.2017.

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