Case T-419/17: Judgment of the General Court of 18 May 2018 — Mendes v EUIPO — Actial Farmaceutica (VSL#3) (EU trade mark — Revocation proceedings — EU word mark VSL#3 — Trade mark having become a common name in the trade for a product or service for which it is registered — Mark liable to mislead the public — Article 51(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 58(1)(b) and (c) of Regulation (EU) 2017/1001))
Judgment of the General Court of 18 May 2018 — Mendes v EUIPO — Actial Farmaceutica (VSL#3)
(Case T-419/17) ( 1 )
‛(EU trade mark — Revocation proceedings — EU word mark VSL#3 — Trade mark having become a common name in the trade for a product or service for which it is registered — Mark liable to mislead the public — Article 51(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 58(1)(b) and (c) of Regulation (EU) 2017/1001))’
2018/C 240/45Language of the case: ItalianParties
Applicant: Mendes SA (Lugano, Switzerland) (represented by: G. Carpineti, 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, intervener before the Court: Actial Farmaceutica Srl (Rome, Italy) (represented by: S. Giudici, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 3 May 2017 (Case R 1306/2016-2), relating to revocation proceedings between Mendes and Actial Farmaceutica.
Operative part of the judgment
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Mendes SA to bear the costs. |
( 1 ) OJ C 277, 21.8.2017.