Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  C series |

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|  | C/2024/5657 | 30.9.2024 |

Action brought on 20 August 2024 – Glaxo Group v EUIPO – Cipla Europe (Shape of an inhaler)

(Case T-432/24)

(C/2024/5657)

Language in which the application was lodged: English

Parties

Applicant: Glaxo Group Ltd (Brentford, United Kingdom) (represented by: T. de Haan, F. Verhoestraete and S. Vandezande, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Cipla Europe NV (Antwerp, Belgium)

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 an inhaler) –European Union trade mark No 2 179 562

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 10 June 2024 in Case R 1835/2016-2

Form of order sought

The applicant claims that the Court should:

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| — | Primarily, alter the contested decision and reject the application for a declaration of invalidity in its entirety; |

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| — | In the alternative, set aside the contested decision; and |

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| — | In any event, order EUIPO and the intervener to bear the costs, including those incurred by the applicant before the Office’s Second Board of Appeal. |

Pleas in law

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| — | Infringement of Article 51(1)(a) of Council Regulation (EC) No 40/94; |

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| — | Infringement of Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94 ; |

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| — | Infringement of Article 51(2) of Council Regulation (EC) No 40/94 ; |

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| — | Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 41(2) of the Charter of Fundamental Rights of the EU. |

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