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Case T-419/17: Judgment of the General Court of 18 May 2018 — Mendes v EUIPO — Actial Farmaceutica (VSL#3) (EU trade mark — Revocation proceedings — EU word mark VSL#3 — Trade mark having become a common name in the trade for a product or service for which it is registered — Mark liable to mislead the public — Article 51(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 58(1)(b) and (c) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0419
62017TA0419
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(Case T-419/17) (*1)
‘(EU trade mark — Revocation proceedings — EU word mark VSL#3 — Trade mark having become a common name in the trade for a product or service for which it is registered — Mark liable to mislead the public — Article 51(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 58(1)(b) and (c) of Regulation (EU) 2017/1001))’
Language of the case: Italian
Parties
Applicant: Mendes SA (Lugano, Switzerland) (represented by: G. Carpineti, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the Court: Actial Farmaceutica Srl (Rome, Italy) (represented by: S. Giudici, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 3 May 2017 (Case R 1306/2016-2), relating to revocation proceedings between Mendes and Actial Farmaceutica.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mendes SA to bear the costs.
* * *
(*1) OJ C 277, 21.8.2017.