Order of the General Court (Sixth Chamber) of 7 April 2022

Data

Court: General Court

Case date: 7 april 2022

Verdict

Order of the General Court (Sixth Chamber) of 7 April 2022 –
Dr. August Wolff v EUIPO – Combe International (Vagisan)

(Case T‑679/20)

"(EU trade mark - Invalidity proceedings - International registration designating the European Union - Word mark Vagisan - Cross-claim - Subject matter of the action - No interest in bringing proceedings - Inadmissibility)"

EU trade markAppeals procedurePersons entitled to appeal and to be parties to the proceedingsPersons whose claims are not upheld by a decisionDecision upholding an application for a declaration of invalidity based on part of the argumentsNo interest in bringing proceedingsInadmissibility

(European Parliament and Council Regulation 2017/1001, Art. 72(4))

(see paras 21-23)

EU trade markAppeals procedureAction before the EU judicaturePower of the General Court to alter the contested decisionLimits

(European Parliament and Council Regulation 2017/1001, Art. 72(3))

(see para. 27)

Operative part

The cross-claim is dismissed as being inadmissible.

Combe International LLC shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO) in the proceedings relating to the cross-claim.

Dr. August Wolff GmbH & Co. KG Arzneimittel shall bear its own costs of the proceedings relating to the cross-claim.