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Case T-713/18: Order of the General Court of 9 October 2019 — Esim Chemicals v EUIPO — Sigma-Tau Industrie Farmaceutiche Riunite (ESIM Chemicals) (EU trade mark — Opposition proceedings — Application for EU word mark ESIM Chemicals — Earlier national word mark ESKIM — Relative ground for refusal — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62018TB0713
62018TB0713
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16.12.2019
Official Journal of the European Union
C 423/55
(Case T-713/18) (*)
(EU trade mark - Opposition proceedings - Application for EU word mark ESIM Chemicals - Earlier national word mark ESKIM - Relative ground for refusal - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed - Action manifestly lacking any foundation in law)
(2019/C 423/70)
Language of the case: English
Parties
Applicant: Esim Chemicals GmbH (Linz, Austria) (represented by: I. Rungg and I. Innerhofer, lawyers)
Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Sigma-Tau Industrie Farmaceutiche Riunite SpA (Rome, Italy)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 October 2018 (Case R 1267/2018-5) relating to opposition proceedings between Sigma-Tau Industrie Farmaceutiche Riunite and Esim Chemicals.
Operative part of the order
1.The action is dismissed.
2.Esim Chemicals GmbH shall bear its own costs and pay the costs incurred by the European Union Intellectual Property Office (EUIPO).
(*) Language of the case: English.
(1) OJ C 44, 4.2.2019.