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Case T-587/19: Order of the General Court of 23 February 2021 — Frutas Tono v EUIPO — Agrocazalla (Marién) (EU trade mark — Opposition proceedings — Intervention by the other party to the proceedings before the Board of Appeal — Response lodged out of time — Refusal to grant leave to intervene under Article 173(1) of the Rules of Procedure — Cancellation of the earlier word mark serving as a basis for the contested decision — No need to adjudicate)
ECLI:EU:UNKNOWN:62019TB0587
62019TB0587
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Official Journal of the European Union
C 163/31
(Case T-587/19) (*)
(EU trade mark - Opposition proceedings - Intervention by the other party to the proceedings before the Board of Appeal - Response lodged out of time - Refusal to grant leave to intervene under Article 173(1) of the Rules of Procedure - Cancellation of the earlier word mark serving as a basis for the contested decision - No need to adjudicate)
(2021/C 163/41)
Language of the case: Spanish
Parties
Applicant: Frutas Tono, SL (Benifairó de la Valldigna, Spain) (represented by: A. Cañizares Doménech, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Agrocazalla, SL (Lorca, Spain)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 June 2019 (Case R 171/2018-4), relating to opposition proceedings between Agrocazalla and Frutas Tono.
Operative part of the order
1.Agrocazalla, SL is not granted leave to participate in the proceedings.
2.Agrocazalla shall bear its own costs.
3.There is no longer any need to adjudicate on the action.
4.Each party shall bear its own costs.
(*)
Language of the case: Spanish.