Judgment of the General Court of 8 July 2020 – Welmax +. v EUIPO – Valmex Medical Imaging (welmax)
(Case T-305/19) 1
(EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark welmax – Earlier EU word mark valmex – Time limits for an appeal before the Board of Appeal – Delay – Point from which time starts to run – Notification – Proof of dispatch by registered post – Communication by email – Failure to comply with the obligation to pay the appeal fee within the time limit – Appeal deemed not to have been filed – Scope of the requests for regularisation – Article 68(1) of Regulation (EU) 2017/1001 – Articles 23 and 56 to 58 of Delegated Regulation (EU) 2018/625)
Language of the case: Polish
Parties
Applicant: Welmax + sp. z o.o. sp.k. (Poznań, Poland) (represented by: M. Machyński, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Valmex Medical Imaging GmbH (Augsbourg, Germany)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 March 2019 (Case R 2245/2018-5), relating to opposition proceedings between Valmex Medical Imaging and Welmax +.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Welmax + sp. z o.o. sp.k. to pay the costs.
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1 OJ C 230, 8.7.2019.