Дело C-62/18: Merck/EUIPO, Определение от 31 май 2018 г.

Текст

... lication for revocation)

In Case C‑62/18 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 30 January 2018,

Merck KGaA, established in Darmstadt (Germany), represented by M. Best, U. Pfleghar and S. Schäffner, Rechtsanwälte, and by M. Giannakoulis, advocate,

appellant,

the other parties to the proceedings being:

Endoceutics, Inc., established in Quebec (Canada), represented by M. Wahlin, advokat,

applicant at first instance,

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

THE COURT (Eighth Chamber),

composed of J. Malenovský, President of the Chamber, D. Šváby (Rapporteur) and M. Vilaras, Judges,

Advocate General: M. Campos Sánchez-Bordona,

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, Merck KGaA seeks to have set aside the judgment of the General Court of the European Union of 17 November 2017, Endoceutics v EUIPO — Merck (FEMIBION) (T‑802/16, not published, ‘the judgment under appeal’, EU:T:2017:818), by which the General Court annulled the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 July 2016 (Case R 1608/2015-1) concerning revocation proceedings between Endoceutics, Inc., and Merck, in so far as that decision maintained registration of the trade mark FEMIBION held by Merck (‘the mark at issue’) for ‘pharmaceutical preparations for immune system support, for menopause, for menstruation, for the ...