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Case T-683/17: Judgment of the General Court of 29 November 2018 — Khadi and Village Industries Commission v EUIPO — BNP Best Natural Products (Khadi Ayurveda) (EU trade mark — Invalidity proceedings — EU word mark ‘Khadi Ayurveda’ — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Absolute grounds for refusal — Mark of such a nature as to deceive the public — Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001) — No bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62017TA0683
62017TA0683
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4.2.2019
Official Journal of the European Union
C 44/40
(Case T-683/17) (*)
((EU trade mark - Invalidity proceedings - EU word mark ‘Khadi Ayurveda’ - Production of evidence for the first time before the Board of Appeal - Discretion of the Board of Appeal - Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) - Absolute grounds for refusal - Mark of such a nature as to deceive the public - Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001) - No bad faith - Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)))
(2019/C 44/50)
Language of the case: English
Parties
Applicant: Khadi and Village Industries Commission (Mumbai Maharashtra, India) (represented by: J. Guise, N. Rose and V. Ellis, Solicitors)
Defendant: European Union Intellectual Property Office (represented by: initially, M. Rajh and D. Walicka, and, subsequently, M. Rajh and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: BNP Best Natural Products GmbH (Munich, Germany) (represented by: M. Kloth and R. Briske, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 July 2017 (Case R 2086/2016-5) relating to invalidity proceedings between Khadi and Villages Industries Commission and BNP Best Natural Products.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Khadi and Village Industries Commission to pay the costs.
(*)
Language of the case: English.
ECLI:EU:C:2019:140