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Case C-340/17 P: Judgment of the Court (Ninth Chamber) of 29 November 2018 — Alcohol Countermeasure Systems (International) Inc. v European Union Intellectual Property Office (EUIPO) (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Invalidity proceedings — Declaration of invalidity on the basis of an earlier United Kingdom trade mark — Genuine use — Proof — Effects of the procedure for the withdrawal of the United Kingdom from the European Union on the proceedings before the General Court and the lawfulness of the decision at issue — None)
ECLI:EU:UNKNOWN:62017CA0340
62017CA0340
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28.1.2019
Official Journal of the European Union
C 35/6
(Case C-340/17 P) (*)
((Appeal - EU trade mark - Regulation (EC) No 207/2009 - Invalidity proceedings - Declaration of invalidity on the basis of an earlier United Kingdom trade mark - Genuine use - Proof - Effects of the procedure for the withdrawal of the United Kingdom from the European Union on the proceedings before the General Court and the lawfulness of the decision at issue - None))
(2019/C 35/07)
Language of the case: English
Parties
Appellant: Alcohol Countermeasure Systems (International) Inc. (represented by: E. Baud and P. Marchiset, avocats)
Other party to the proceedings: European Union Intellectual Property Office (represented by: D. Botis and S. Hanne, acting as Agents)
Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: C. Brodie and Z. Lavery, acting as Agents, and by N. Saunders, Barrister)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Alcohol Countermeasure Systems (International) Inc. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.
(*)
OJ C 347, 16.10.2017.
* * *
Language of the case: English