Information;Judgment — ECLI:EU:T:2024:809
Date: 2024-11-13
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 24 August 2023 – Boehringer Ingelheim Pharma v EUIPO – Glenmark Pharmaceuticals Europe (Shape of inhaler) (Case T-524/23) Language in which the application was lodged: English Parties Applicant: Boehringer Ingelheim Pharma GmbH & Co. KG (Ingelheim, Germany) (represented by: I. Fowler and C. Stöber, lawyers) Defendant: European Union Intellectual Property Office Other party to the proceedings before the Board of Appeal: Glenmark Pharmaceuticals Europe Ltd (Watford, United Kingdom) Details of the proceedings before EUIPO Proprietor of the trade mark at issue: Applicant before the General Court Trade mark at issue: European Union tridimensional mark (Shape of inhaler) –European Union trade mark No 1 243 484 Procedure before EUIPO: Cancellation proceedings Contested decision: Decision of the Forth Board of Appeal of EUIPO of 13 June 2023 in Case R 1558/2021-4 Form of order sought The applicant claims that the Court should: annul the contested decision; order that the costs of the proceedings be borne by the defendant, and in the event that the other party before the Board of Appeal joins the proceedings, by the intervener. Plea(s) in law Infringement of Article 59(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 7(1)(e)(ii) of Council Regulation (EC) No 40/94; Infringement of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council. ____________