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Valentina R., lawyer
((EU trade mark - Invalidity proceedings - EU figurative mark Superior Quality Cigarettes FILTER CIGARETTES Raquel - Earlier international figurative mark Marlboro - Relative ground for refusal - Reputation - 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) - Rule 50(1) of Regulation (EC) No 2868/95))
(2018/C 104/40)
Language of the case: English
Applicant: Philip Morris Brands Sàrl (Neuchâtel, Switzerland) (represented by: L. Alonso Domingo, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and M. Simandlova, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Explosal Ltd (Larnaca, Cyprus) (represented by: D. McFarland, Barrister)
Appeal against the decision of the First Board of Appeal of EUIPO of 4 January 2016 (Case R 2775/2014-1) concerning invalidity proceedings between Philip Morris and Explosal.
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 January 2016 (Case R 2775/2014-1);
2.Dismisses the action as to the remainder;
3.Orders EUIPO and Explosal Ltd to bear, in addition to their own costs, those incurred by Philip Morris Brands Sàrl.
(1) Language of the case: English.
OJ C 175, 17.5.2016.