Дело C-309/15: MIP Metro/Real Express, Определение от 14 декември 2017 г.

Текст

... ent ‘real’ — Opposition of the proprietor of the black and white national figurative marks containing the word elements ‘Real’ and ‘Real mark’ — Rejection of the opposition)

In Case C‑309/15 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 18 June 2015,

Real Express SRL, established in Bucharest (Romania), represented by C. Anitoae, avocată,

appellant,

the other parties to the proceedings being:

European Union Intellectual Property Office (EUIPO), represented by D. Botis and D. Hanf, acting as Agents,

defendant at first instance,

MIP Metro Group Intellectual Property GmbH & Co. KG, represented by J.-C. Plate and R. Kaase, Rechtsanwälte,

intervener at first instance,

THE COURT (Ninth Chamber),

composed of C. Lycourgos, President of Chamber, E. Juhász (Rapporteur) and C. Vajda, Judges,

Advocate General: M. Wathelet,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, in accordance with Article 181 of the Rules of Procedure of the Court,

makes the following

Order

1. By its appeal, Real Express SRL seeks to have set aside the order of the General Court of the European Union of 21 April 2015 in Real Express v OHIM — MIP Metro (real) (T‑580/13, not published, ‘the order under appeal’, EU:T:2015:245), by which that Court dismissed the action brought against the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 September 2013 (Case R 1519/2012-4), relating to opposition proceedings ...