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Case T-279/18: Judgment of the General Court of 17 October 2019 — Alliance Pharmaceuticals v EUIPO — AxiCorp (AXICORP ALLIANCE) (EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark AXICORP ALLIANCE — Earlier EU word and figurative marks ALLIANCE — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EU) 2017/1001 — Proof of genuine use of the earlier marks — Article 47(2) of Regulation 2017/1001 — Interpretation of the description of the goods reproduced in the alphabetical list accompanying the Nice Classification)
ECLI:EU:UNKNOWN:62018TA0279
62018TA0279
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23.12.2019
Official Journal of the European Union
C 432/40
(Case T-279/18) (*)
(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark AXICORP ALLIANCE - Earlier EU word and figurative marks ALLIANCE - Relative grounds for refusal - Article 8(1)(b) and (5) of Regulation (EU) 2017/1001 - Proof of genuine use of the earlier marks - Article 47(2) of Regulation 2017/1001 - Interpretation of the description of the goods reproduced in the alphabetical list accompanying the Nice Classification)
(2019/C 432/45)
Language of the case: English
Parties
Applicant: Alliance Pharmaceuticals Ltd (Chippenham, United Kingdom) (represented by: M. Edenborough QC)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: AxiCorp GmbH (Friedrichsdorf, Germany)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 7 February 2018 (Case R 1473/2017-5), relating to opposition proceedings between Alliance Pharmaceuticals and AxiCorp.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 February 2018 (Case R 1473/2017-5), relating to opposition proceedings between Alliance Pharmaceuticals Ltd and AxiCorp GmbH, in so far as the Board of Appeal dismissed the appeal brought before it as regards the grounds for opposition set out in Article 8(1)(b) and (5) of Regulation 2017/1001;
2.Dismisses the action as to the remainder;
3.Orders EUIPO to pay the costs, including the costs necessarily incurred by Alliance Pharmaceuticals for the purposes of the proceedings before the Board of Appeal of EUIPO.
(*) Language of the case: English.