Source: EURLEX
Language: en
Format: md

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| 16.12.2019 | EN | Official Journal of the European Union | C 423/55 |

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Order of the General Court of 9 October 2019 — Esim Chemicals v EUIPO — Sigma-Tau Industrie Farmaceutiche Riunite (ESIM Chemicals)

(Case T-713/18) [(1)](#ntr1-C_2019423EN.01005501-E0001)

(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

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| 1. | The action is dismissed. |

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| 2. | Esim Chemicals GmbH shall bear its own costs and pay the costs incurred by the European Union Intellectual Property Office (EUIPO). |

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