Source: EURLEX
Language: en
Format: md

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| 28.1.2019 | EN | Official Journal of the European Union | C 35/6 |

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Judgment of the Court (Ninth Chamber) of 29 November 2018 — Alcohol Countermeasure Systems (International) Inc. v European Union Intellectual Property Office (EUIPO)

(Case C-340/17 P) [(1)](#ntr1-C_2019035EN.01000601-E0001)

((Appeal - EU trade mark - Regulation (EC) No 207/2009 - Invalidity proceedings - Declaration of invalidity on the basis of an earlier United Kingdom trade mark - Genuine use - Proof - Effects of the procedure for the withdrawal of the United Kingdom from the European Union on the proceedings before the General Court and the lawfulness of the decision at issue - None))

(2019/C 35/07)

Language of the case: English

Parties

Appellant: Alcohol Countermeasure Systems (International) Inc. (represented by: E. Baud and P. Marchiset, avocats)

Other party to the proceedings: European Union Intellectual Property Office (represented by: D. Botis and S. Hanne, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: C. Brodie and Z. Lavery, acting as Agents, and by N. Saunders, Barrister)

Operative part of the judgment

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Alcohol Countermeasure Systems (International) Inc. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO); |

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| 3. | Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs. |

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