Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 22.7.2019 | EN | Official Journal of the European Union | C 246/23 |

---

Order of the General Court of 23 May 2019 — Fujifilm Recording Media v EUIPO — iTernity (d:ternity)

(Case T-609/18) [(1)](#ntr1-C_2019246EN.01002301-E0001)

(EU trade mark - Invalidity proceedings - Application for the EU word mark d:ternity - Earlier word mark iTernity - Withdrawal of the application for a declaration of invalidity before the action was brought - Invalidation of the contested decision - No interest in bringing proceedings - Action in part inadmissible and in part manifestly lacking any foundation in law)

(2019/C 246/24)

Language of the case: German

Parties

Applicant: Fujifilm Recording Media (Kleve, Germany) (represented by: R.-D. Härer, C. Schultze, C. Weber, H. Ranzinger and C. Gehweiler, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: iTernity GmbH (Freiburg, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 July 2018 (Case R 2324/2017-4), relating to invalidity proceedings between iTernity and Fujifilm Recording Media.

Operative part of the order

|  |  |
| --- | --- |
| 1. | The action is dismissed. |

|  |  |
| --- | --- |
| 2. | Each party shall bear its own costs. |

---

---

[Top](#document1)