Source: EURLEX
Language: en
Format: md

Order of the General Court (Fifth Chamber) of 26 January 2017 — European Social Enterprise Law Association v EUIPO (EUROPEAN SOCIAL ENTERPRISE LAW ASSOCIATION)

(Case T‑353/16)

(EU trade mark — Representation of the applicant by a lawyer who is not a third party — Inadmissibility)

| 1. | Procedure—Application initiating proceedings—Formal requirements—Signature by a lawyer, who is a third party in relation to the applicant—Applicant company represented by a lawyer who is also its manager—Inadmissibility  (Statute of the Court of Justice, Arts 19, first, third and fourth paras, and 21, first para.; Rules of Procedure of the General Court, Art. 73(1))  (see paras 14-17, 19-20) |

| 2. | Judicial proceedings—Application initiating proceedings—Formal requirements—Conditions relating to a signatory—Status of a third party in relation to the parties—Applicant company represented by its managing director—Non-compliance with the requirement of independence  (Statute of the Court of Justice, Art. 19, third and fourth paras)  (see para. 18) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 26 April 2016 (Case R 2208/2015-4), concerning an application for registration of the word sign EUROPEAN SOCIAL ENTERPRISE LAW ASSOCIATION as an EU trade mark.

Operative part

| 1. | The action is dismissed as inadmissible. |

| 2. | The European Social Enterprise Law Association is ordered to pay the costs. |

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