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Case T-459/18: Judgment of the General Court of 28 February 2019 — Lotte v EUIPO — Générale Biscuit-Glico France (PEPERO original) (EU trade mark — Invalidity proceedings — EU figurative mark PEPERO original — Earlier national three-dimensional mark — Shape of an oblong biscuit partially covered with chocolate — Declaration of invalidity — Article 8(5) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Earlier mark consisting of the shape of the product — Use as a trade mark — No alteration of distinctive character)
ECLI:EU:UNKNOWN:62018TA0459
62018TA0459
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15.4.2019
Official Journal of the European Union
C 139/52
(Case T-459/18) (*)
(EU trade mark - Invalidity proceedings - EU figurative mark PEPERO original - Earlier national three-dimensional mark - Shape of an oblong biscuit partially covered with chocolate - Declaration of invalidity - Article 8(5) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Earlier mark consisting of the shape of the product - Use as a trade mark - No alteration of distinctive character)
(2019/C 139/52)
Language of the case: French
Parties
Applicant: Lotte Corp. (Seoul, South Korea) (represented by: G. Ringeisen, lawyer)
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, intervener before the General Court: Générale Biscuit-Glico France (Clamart, France) (represented by: A. Lecomte, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 11 May 2018 (Case R 913/2017-1) relating to invalidity proceedings between Générale Biscuit-Glico France and Lotte.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Lotte Corp. to pay the costs.
(*)
OJ C 364, 8.10.2018.