Orders nº T-76/19 of Tribunal General de la Unión Europea, May 13, 2020

• Resolution Date: May 13, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-76/19

(EU trade mark - Opposition proceedings - Article 173(1) of the Rules of the procedure of the General Court - Intervention by the other party to the proceedings before the Board of Appeal - Representation by a lawyer who is not an independent third party - Refusal)

In Case T-76/19,

Pontinova AG, established in Zurich (Switzerland), represented by L. Röh, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Crespo Carrillo, acting as Agent,

defendant,

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

Ponti & Partners, SLP, established in Barcelona (Spain),

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 27 November 2018 (Case R 566/2018-5), relating to opposition proceedings between Ponti & Partners and Pontinova,

THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT

makes the following

Order

1 On 7 February 2019, the applicant, Pontinova AG, lodged at the Registry of the General Court an application against the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 November 2018 (Case R 566/2018-5) concerning opposition proceedings between Ponti & Partners, SLP and Pontinova AG.

2 On 23 May 2019, EUIPO lodged its response to the application at the Court Registry.

3 On 29 May 2019, the other party in the proceedings before the Board of Appeal of EUIPO, Ponti & Partners, lodged at the Court Registry its response to the application, which contained the sole signature of Mr Guerras Mazón.

4 By letter of the Court Registry of 9 January 2020, Ponti & Partners was requested, by way of a measure of organisation of procedure under Article 89(3) of the Rules of Procedure, to specify the nature of his professional relationship with Mr Guerras Mazón having regard to the requirement of independence of a lawyer.

5 By letter lodged at the Court Registry on 21 January 2020, Ponti & Partners replied to that measure of organisation of procedure. In that letter, it stated, in particular, first, that Mr Guerras Mazón is the head of the litigation department of Ponti & Partners and that, from the point of view of employment law, he is employed by the latter. Secondly, it stated that, as head of that department, Mr Guerras Mazón enjoys complete independence within that area of the firm’s activities. Thirdly, it pointed out that, in accordance with Spanish legislation regulating the employment relationships of lawyers...