Дело C-218/17: Natural Instinct/M. I Industries, Определение от 7 септември 2017 г.

Текст

... and Cat food as nature intended — Opposition proceedings — Genuine use of the earlier mark)

In Case C‑218/17 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 26 April 2017,

Natural Instinct Ltd, established in Camberley (United Kingdom), represented by C. Spintig and S. Pietzcker, Rechtsanwälte, and by B. Brandreth, Barrister,

appellant,

the other parties to the proceedings being:

M. I. Industries, Inc., established in Lincoln (United States),

applicant at first instance,

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

THE COURT (Sixth Chamber),

composed of E. Regan, President of the Chamber, J.-C. Bonichot (Rapporteur) and C.G. Fernlund, Judges,

Advocate General: P. Mengozzi,

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 of Justice,

makes the following

Order

1. By its appeal, Natural Instinct Ltd asks the Court to set aside in part the judgment of the General Court of the European Union of 15 February 2017, M. I. Industries v EUIPO — Natural Instinct (Natural Instinct Dog and Cat food as nature intended) (T‑30/16, not published, EU:T:2017:77) (‘the judgment under appeal’) in so far as that judgment annulled the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 November 2015 (Case R 2944/2014‑5), relating to opposition proceedings between M. I. Industries and Natural Instinct (‘the contested ...