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Case T-235/16: Judgment of the General Court of 21 June 2017 — GP Joule PV v EUIPO — Green Power Technologies (GPTech) (EU trade mark — Opposition proceedings — Application for the EU figurative trade mark GPTech — Earlier EU word marks GP JOULE — Failure to produce before the Opposition Division proof of entitlement to file a notice of opposition — Proof first produced before the Board of Appeal — Failure to take into account — Discretion of the Board of Appeal — Circumstances precluding additional or supplementary evidence from being taken into account — Article 76(2) of Regulation (EC) No 207/2009 — Rules 17(4), 19(2), 20(1) and 50(1) of Regulation (EC) No 2868/95)
ECLI:EU:UNKNOWN:62016TA0235
62016TA0235
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Official Journal of the European Union
C 256/24
(Case T-235/16)(<span class="super note-tag">1</span>)
((EU trade mark - Opposition proceedings - Application for the EU figurative trade mark GPTech - Earlier EU word marks GP JOULE - Failure to produce before the Opposition Division proof of entitlement to file a notice of opposition - Proof first produced before the Board of Appeal - Failure to take into account - Discretion of the Board of Appeal - Circumstances precluding additional or supplementary evidence from being taken into account - Article 76(2) of Regulation (EC) No 207/2009 - Rules 17(4), 19(2), 20(1) and 50(1) of Regulation (EC) No 2868/95))
(2017/C 256/26)
Language of the case: English
Parties
Applicant: GP Joule PV GmbH & Co. KG (Reußenköge, Germany) (represented by: F. Döring, lawyer)
Defendant: European Union Intellectual Property Office (represented by: E. Zaera Cuadrado, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Green Power Technologies, SL (Bollullos de la Mitación, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 9 February 2016 (Case R 848/2015-2), relating to opposition proceedings between GP Joule PV and Green Power Technologies.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders GP Joule PV GmbH & Co. KG to pay the costs.
(<span class="super">1</span>) OJ C 279, 1.8.2016.