Source: EURLEX
Language: en
Format: md

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| 6.5.2019 | EN | Official Journal of the European Union | C 155/39 |

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Judgment of the General Court of 20 March 2019 — Prim v EUIPO — Primed Halberstadt Medizintechnik (PRIMED)

(Case T-138/17) [(1)](#ntr1-C_2019155EN.01003901-E0001)

(EU trade mark - Invalidity proceedings - EU word mark PRIMED - Earlier national figurative marks PRIM S.A., PRiM, S.A. SUMINISTROS MEDICOS and GRUPO PRiM - Genuine use of the earlier marks - Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001) - Right to be heard - Second sentence of Article 75 of Regulation No 207/2009 (now second sentence of Article 94(1) of Regulation 2017/1001) - Submission of evidence for the first time before the Board of Appeal - Discretion of the Board of Appeal - Classification as new or additional evidence - Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation 2017/1001))

(2019/C 155/46)

Language of the case: English

Parties

Applicant: Prim, SA (Móstoles, Spain) (represented by: L. Broschat García, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Primed Halberstadt Medizintechnik GmbH (Halberstadt, Germany) (represented by: D. Donath, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 December 2016 (Joined Cases R 2494/2015-4 and R 163/2016-4), relating to invalidity proceedings between Prim and Primed Halberstadt Medizintechnik.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 December 2016 (Joined Cases R 2494/2015-4 and R 163/2016-4); |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders EUIPO to bear its own costs and to pay half of those incurred by Prim, SA; |

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| 4. | Orders Primed Halberstadt Medizintechnik GmbH to bear its own costs and to pay half of those ińcurred by Prim. |

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