Source: EURLEX
Language: en
Format: md

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| 15.4.2019 | EN | Official Journal of the European Union | C 139/52 |

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Judgment of the General Court of 28 February 2019 — Lotte v EUIPO — Générale Biscuit-Glico France (PEPERO original)

(Case T-459/18) [(1)](#ntr1-C_2019139EN.01005201-E0001)

(EU trade mark - Invalidity proceedings - EU figurative mark PEPERO original - Earlier national three-dimensional mark - Shape of an oblong biscuit partially covered with chocolate - Declaration of invalidity - Article 8(5) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Earlier mark consisting of the shape of the product - Use as a trade mark - No alteration of distinctive character)

(2019/C 139/52)

Language of the case: French

Parties

Applicant: Lotte Corp. (Seoul, South Korea) (represented by: G. Ringeisen, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Générale Biscuit-Glico France (Clamart, France) (represented by: A. Lecomte, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 11 May 2018 (Case R 913/2017-1) relating to invalidity proceedings between Générale Biscuit-Glico France and Lotte.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Lotte Corp. to pay the costs. |

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