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Case T-822/16: Order of the General Court of 16 March 2018 — KiK Textilien und Non-Food v EUIPO — FF Group Romania (_kix) (EU trade mark — Opposition proceedings — Application for EU figurative mark _kix — Revocation of the contested decision — Action which has become devoid of purpose — No need to adjudicate — Articles 173(1) and (2) of the Rules of Procedure — Intervention by the other party to the proceedings before the Board of Appeal — Response lodged out of time)

ECLI:EU:UNKNOWN:62016TB0822

62016TB0822

March 16, 2018
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14.5.2018

Official Journal of the European Union

C 166/30

(Case T-822/16) (<a id="ntc1-C_2018166EN.01003001-E0001"> (<span class="super note-tag">1</span>)</a>

((EU trade mark - Opposition proceedings - Application for EU figurative mark _kix - Revocation of the contested decision - Action which has become devoid of purpose - No need to adjudicate - Articles 173(1) and (2) of the Rules of Procedure - Intervention by the other party to the proceedings before the Board of Appeal - Response lodged out of time))

(2018/C 166/39)

Language of the case: English

Parties

Applicant: KiK Textilien und Non-Food GmbH (Bönen, Germany) (represented by: S. Körber and L. Pechan, lawyers)

Defendant: European Union Intellectual Property Office (represented by: K. Zajfert and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: FF Group Romania SRL (Bucharest, Romania) (represented by: A. Cavescu, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 September 2016 (Case R 2323/2015-4), relating to opposition proceedings between KiK Textilien und Non-Food and FF Group Romania.

Operative part of the order

1.There is no longer any need to adjudicate on the action.

2.The European Union Intellectual Property Office (EUIPO) shall bear its own costs and pay those incurred by KiK Textilien und Non-Food GmbH.

3.FF Group Romania shall bear its own costs.

(<a id="ntr1-C_2018166EN.01003001-E0001">(<span class="super">1</span>)</a> <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2017:022:TOC">OJ C 22, 23.1.2017</a>.)

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