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Case T-587/17: Order of the General Court of 20 June 2018 — Unigroup v EUIPO — Pronova Laboratories (nailicin) (EU trade mark — Opposition proceedings — Application for EU word mark nailicin — Earlier Benelux word mark NAILCLIN — Relative ground for refusal — Copy of the certificate of registration of the earlier mark — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2017/1430) — Taking into account of a document submitted in conjunction with the notice of opposition — Rule 19(4) Regulation No 2868/95 (now Article 7(5) of Delegated Regulation 2017/1430) — Action manifestly lacking any foundation in law)

ECLI:EU:UNKNOWN:62017TB0587

62017TB0587

June 20, 2018
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(Case T-587/17) (*1)

Language of the case: English

Parties

Applicant: Unigroup ApS (Lyngby, Denmark) (represented by: M. Rijsdijk, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Pronova Laboratories BV (Muiden, Netherlands) (represented by: S. Wertwijn, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 9 June 2017 (Case R 2359/2016-5), relating to opposition proceedings between Pronova Laboratories and Unigroup.

Operative part of the order

1.The action is dismissed.

2.Unigroup ApS is ordered to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Pronova Laboratories BV.

* * *

(*1) OJ C 347, 16.10.2017.

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