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Case T-785/21: Order of the General Court of 6 June 2024 – SC Ha Ha Ha Production v EUIPO – The Smiley Company (SMILEY) (EU trade mark – Opposition proceedings – Application for the EU word mark SMILEY – Absolute ground for refusal – No longer any legal interest in bringing proceedings – No need to adjudicate)
ECLI:EU:UNKNOWN:62021TB0785
62021TB0785
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Official Journal of the European Union
C series
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C/2024/4589
29.7.2024
(Case T-785/21)
(EU trade mark - Opposition proceedings - Application for the EU word mark SMILEY - Absolute ground for refusal - No longer any legal interest in bringing proceedings - No need to adjudicate)
(C/2024/4589)
Language of the case: English
Parties
Applicant: SC Ha Ha Ha Production SRL (Cãlinești, Romania) (represented by: O. Anghel, lawyer)
Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: The Smiley Company SPRL (Brussels, Belgium) (represented by: B. Fontaine, lawyer)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 September 2021, and of that board’s decision of 21 October 2021 (Case R 2936/2019-5).
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 SC Ha Ha Ha Production SRL and by The Smiley Company SPRL.
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Language of the case: English.
ELI: http://data.europa.eu/eli/C/2024/4589/oj
ISSN 1977-091X (electronic edition)
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(*1) Language of the case: English.