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Case C-194/17 P: Judgment of the Court (Third Chamber) of 31 January 2019 — Georgios Pandalis v European Union Intellectual Property Office (EUIPO), LR Health & Beauty Systems GmbH (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 51(1)(a) and (2) and Article 75 — EU trade mark Cystus — Food supplements not for medical purposes — Partial revocation — Lack of genuine use of the trade mark — Perception of the word ‘cystus’ as a descriptive indication of the main ingredient of the goods concerned — Obligation to state reasons)

ECLI:EU:UNKNOWN:62017CA0194

62017CA0194

January 31, 2019
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25.3.2019

Official Journal of the European Union

C 112/3

(Case C-194/17 P) (1)

((Appeal - EU trade mark - Regulation (EC) No 207/2009 - Article 51(1)(a) and (2) and Article 75 - EU trade mark Cystus - Food supplements not for medical purposes - Partial revocation - Lack of genuine use of the trade mark - Perception of the word ‘cystus’ as a descriptive indication of the main ingredient of the goods concerned - Obligation to state reasons))

(2019/C 112/03)

Language of the case: German

Parties

Appellant: Georgios Pandalis (represented by: A. Franke, Rechtsanwältin)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne and D. Walicka, acting as Agents), LR Health & Beauty Systems GmbH (represented by: N. Weber and L. Thiel, Rechtsanwälte)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Mr Georgios Pandalis to pay the costs.

(1) Language of the case: German.

OJ C 300, 11.9.2017.

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