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Case T-157/17: Order of the General Court of 22 January 2018 — Cristalfarma v EUIPO – Novartis (ILLUMINA) (EU trade mark — Opposition proceedings — Application for EU word mark ILLUMINA — Revocation of the contested decision — Action rendered devoid of purpose — No need to adjudicate)
ECLI:EU:UNKNOWN:62017TB0157
62017TB0157
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12.3.2018
Official Journal of the European Union
C 94/26
(Case T-157/17)(1)
((EU trade mark - Opposition proceedings - Application for EU word mark ILLUMINA - Revocation of the contested decision - Action rendered devoid of purpose - No need to adjudicate))
(2018/C 094/35)
Language of the case: English
Parties
Applicant: Cristalfarma Srl (Milan, Italy) (represented by: R. Almaraz Palmero, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. King and D. Gája, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Novartis AG (Basle, Switzerland)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 January 2017 (Case R 1187/2016-4), relating to opposition proceedings between Novartis and Cristalfarma.
Operative part of the order
1.The request made by Cristalfarma Srl for a stay of the proceedings is rejected;
2.There is no longer any need to adjudicate on the action;
3.The European Union Intellectual Property Office (EUIPO) shall bear its own costs and pay those incurred by Cristalfarma;
4.Novartis AG shall bear its own costs.
(1) OJ C 129, 24.4.2017.