Orders nº T-334/18 DEP of Tribunal General de la Unión Europea, July 21, 2020

• Resolution Date: July 21, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-334/18 DEP

(Procedure - Taxation of costs - Inadmissibility)

In Case T-334/18 DEP,

Bodegas Altún, SL, established in Baños de Ebro (Spain), represented by I. Temiño Ceniceros and J. Oria Sousa-Montes, lawyers,

applicant,

v

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

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

Codorníu, SA, established in Esplugues de Llobregat (Spain), represented by M. Ceballos Rodríguez and E. Stoyanov Edissonov, lawyers,

APPLICATION for taxation of the costs to be reimbursed by the intervener to the applicant following the judgment of 27 June 2019, Bodegas Altún v EUIPO - Codorníu (ANA DE ALTUN) (T-334/18, not published, EU:T:2019:451),

THE GENERAL COURT (Fifth Chamber),

composed of D. Spielmann (Rapporteur), President, U. Öberg and R. Mastroianni, Judges,

Registrar: E. Coulon,

makes the following

Order

Facts, procedure and forms of order sought

1 On 31 May 2013, the applicant, Bodegas Altún, SL, filed an application for the registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), as amended (replaced by Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1)). On 1 October 2013, the intervener, Codorníu, SA, filed a notice of opposition pursuant to Article 41 of Regulation No 207/2009 (now Article 46 of Regulation 2017/1001) to the registration of the mark applied for. On 28 November 2014, the Opposition Division held that there was a likelihood of confusion between the mark applied for and the earlier mark. On 22 January 2015, the applicant filed a notice of appeal at EUIPO pursuant to Articles 58 to 64 of Regulation No 207/2009 (now Articles 66 to 71 of Regulation 2017/1001) against the Opposition Division’s decision. By decision of 9 December 2015, the Second Board of Appeal of EUIPO annulled the decision of the Opposition Division.

2 The intervener brought an action for annulment against the decision of the Second Board of Appeal of EUIPO of 9 December 2015 before the Court. By judgment of 18 September 2017, Codorníu v EUIPO Bodegas Altún (ANA DE ALTUN) (T-86/16, not published, EU:T:2017:627), the Court upheld that action...