Source: EURLEX
Language: en
Format: md

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| 3.5.2021 | EN | Official Journal of the European Union | C 163/31 |

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Order of the General Court of 23 February 2021 — Frutas Tono v EUIPO — Agrocazalla (Marién)

(Case T-587/19) [(1)](#ntr1-C_2021163EN.01003101-E0001)

(EU trade mark - Opposition proceedings - Intervention by the other party to the proceedings before the Board of Appeal - Response lodged out of time - Refusal to grant leave to intervene under Article 173(1) of the Rules of Procedure - Cancellation of the earlier word mark serving as a basis for the contested decision - No need to adjudicate)

(2021/C 163/41)

Language of the case: Spanish

Parties

Applicant: Frutas Tono, SL (Benifairó de la Valldigna, Spain) (represented by: A. Cañizares Doménech, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Agrocazalla, SL (Lorca, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 June 2019 (Case R 171/2018-4), relating to opposition proceedings between Agrocazalla and Frutas Tono.

Operative part of the order

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| 1. | Agrocazalla, SL is not granted leave to participate in the proceedings. |

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| 2. | Agrocazalla shall bear its own costs. |

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| 3. | There is no longer any need to adjudicate on the action. |

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| 4. | Each party shall bear its own costs. |

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