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Case T-346/21: Judgment of the General Court of 11 January 2023 — Hecht Pharma v EUIPO — Gufic BioSciences (Gufic) (EU trade mark — Revocation proceedings — EU word mark Gufic — Genuine use of the mark — Article 58(1)(a) of Regulation (EU) 2017/1001 — Public and outward use — Extent of use — Nature and form of use — Use in connection with the goods in respect of which the mark was registered)
ECLI:EU:UNKNOWN:62021TA0346
62021TA0346
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Official Journal of the European Union
C 63/39
(Case T-346/21) (*)
(EU trade mark - Revocation proceedings - EU word mark Gufic - Genuine use of the mark - Article 58(1)(a) of Regulation (EU) 2017/1001 - Public and outward use - Extent of use - Nature and form of use - Use in connection with the goods in respect of which the mark was registered)
(2023/C 63/48)
Language of the case: German
Parties
Applicant: Hecht Pharma GmbH (Bremervörde, Germany) (represented by: C. Sachs and J. Sachs, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Schäfer, D. Hanf and A. Ringelhann, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Gufic BioSciences Ltd (Mumbai, India) (represented by: A. Wehlau and T. Uhlenhut, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks partial annulment and alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 June 2021 (Case R 2738/2019-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Hecht Pharma GmbH to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders Gufic BioSciences Ltd to bear its own costs.
(*)
Language of the case: German.
OJ C 329, 16.8.2021.
ECLI:EU:C:2023:140