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Joined Cases T-193/17, T-194/17 and T-195/17: Judgment of the General Court of 3 May 2018 — CeramTec v EUIPO — C5 Medical Werks (Shape of a part of a prosthetic hip and others) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a part of a prosthetic hip — Figurative EU trade mark representing a part of a prosthetic hip — EU trade mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Inadmissibility of action before the Board of Appeal — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0193
62017TA0193
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Valentina R., lawyer
201806080231931492018/C 221/261932017TC22120180625EN01ENINFO_JUDICIAL20180503222321
C2212018EN2210120180503EN0026221232
(Joined Cases T-193/17, T-194/17 and T-195/17) (*1)
Language of the case: English
Parties
Applicant: CeramTec GmbH (Plochingen, Germany) (represented by: initially A. Renck and E. Nicolás Gómez, and subsequently A. Renck, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: C5 Medical Werks (Grand Junction, Colorado, United States) (represented by: S. Naumann, lawyer)
Re:
Actions brought against the decisions of the Fourth Board of Appeal of EUIPO of 15 February 2017 (Cases R 929/2016-4, R 928/2016-4 and R 930/2016-4), relating to invalidity proceedings between C5 Medical Werks and CeramTec.
Operative part of the judgment
The Court:
1.Dismisses the actions;
2.Orders CeramTec GmbH to bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO) and C5 Medical Werks.
*
(*1) OJ C 161, 22.5.2017.