22.7.2019
EN
Official Journal of the European Union
C 246/23
Order of the General Court of 23 May 2019 — Fujifilm Recording Media v EUIPO — iTernity (d:ternity)
(Case T-609/18) (1)
(EU trade mark - Invalidity proceedings - Application for the EU word mark d:ternity - Earlier word mark iTernity - Withdrawal of the application for a declaration of invalidity before the action was brought - Invalidation of the contested decision - No interest in bringing proceedings - Action in part inadmissible and in part manifestly lacking any foundation in law)
(2019/C 246/24)
Language of the case: German
Parties
Applicant: Fujifilm Recording Media (Kleve, Germany) (represented by: R.-D. Härer, C. Schultze, C. Weber, H. Ranzinger and C. Gehweiler, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: iTernity GmbH (Freiburg, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 July 2018 (Case R 2324/2017-4), relating to invalidity proceedings between iTernity and Fujifilm Recording Media.
Operative part of the order
1.
The action is dismissed.
2.
Each party shall bear its own costs.
(1) OJ C 445, 10.12.2018.