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Case T-686/19: Judgment of the General Court of 8 July 2020 — Euroapotheca v EUIPO — General Nutrition Investment (GNC LIVE WELL) (EU trade mark — Revocation proceedings — EU word mark GNC LIVE WELL — Obligation to state reasons — First sentence of Article 94(1) of Regulation (EU) 2017/1001 — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62019TA0686
62019TA0686
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12.10.2020
Official Journal of the European Union
C 339/18
(Case T-686/19) (*)
(EU trade mark - Revocation proceedings - EU word mark GNC LIVE WELL - Obligation to state reasons - First sentence of Article 94(1) of Regulation (EU) 2017/1001 - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001))
(2020/C 339/23)
Language of the case: English
Parties
Applicant: Euroapotheca UAB (Vilnius, Lithuania) (represented by: R. Žabolienė and E. Saukalas, lawyers)
Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO and intervener before the General Court: General Nutrition Investment Company (Wilmington, Delaware, United States) (represented by: M. Rijsdijk, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 30 July 2019 (Case R 2189/2018-5) concerning revocation proceedings between Euroapotheca and General Nutrition Investment Company.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Euroapotheca UAB to pay the costs.
(*)
Language of the case: English.
(1) OJ C 399, 25.11.2019.
ECLI:EU:C:2020:140