Дело T-***/**: *****************, Съдебно решение от **.**.2019 г.

Текст

In Case T‑41/19,

MSI Svetovanje, marketing, d.o.o., established in Vrhnika (Slovenia), represented by M. Maček, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by K. Kompari and H. O’Neill, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Industrial Farmaceutica Cantabria, SA, established in Madrid (Spain),

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 8 November 2018 (Case R 722/2018-5), relating to opposition proceedings between Industrial Farmaceutica Cantabria and Nutrismart d.o.o.,

THE GENERAL COURT (Third Chamber),

composed, at the time of the deliberation, of S. Frimodt Nielsen (Rapporteur), President, V. Kreuschitz and N. Półtorak, Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 23 January 2019,

having regard to the response lodged at the Court Registry on 8 May 2019,

having regard to the fact that no request for a hearing was submitted by the parties within 3 weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

Background to the dispute