Welmax + v EUIPO - Valmex Medical Imaging (welmax) (EU trade mark - Judgment) French Text [2020] EUECJ T-305/19 (08 July 2020)

Welmax + v EUIPO - Valmex Medical Imaging (welmax) (EU trade mark - Judgment) French Text [2020] EUECJ T-305/19 (08 July 2020)

The appeal was filed within the two-month deadline from the valid notification date (21 September 2018), but the appeal fee was paid after the deadline (21 December 2018), and late payment is not susceptible to regularisation under EUIPO rules. Therefore, the appeal is deemed not to have been filed.

Source-derived case information.

Citation
[2020] EUECJ T-305/19
Parties
Applicant: Welmax + sp. z o. o. sp.k.; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Other: Valmex Medical Imaging GmbH
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal Against Board of Appeal Decision
Outcome
Appeal rejected; applicant condemned to costs.
Legal Topics
EU Trade Mark Opposition, Procedural Deadlines, Notification Requirements, Payment of Appeal Fee
Intellectual Property EU Law EU Trade Mark Opposition Procedural Deadlines Notification Requirements Payment of Appeal Fee

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Parties

Welmax + sp. z o. o. sp.k.

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Valmex Medical Imaging GmbH

Other

Procedural Posture

EU Trade Mark Opposition Appeal / Judgment on Appeal Against Board of Appeal Decision

  1. 1 Was the appeal against the opposition division decision filed within the prescribed deadline?
  2. 2 Was the appeal fee paid within the prescribed deadline?
  3. 3 Does late payment of the appeal fee admit of regularisation under EUIPO rules?

Ratio Decidendi

The appeal was filed within the two-month deadline from the valid notification date (21 September 2018), but the appeal fee was paid after the deadline (21 December 2018), and late payment is not susceptible to regularisation under EUIPO rules. Therefore, the appeal is deemed not to have been filed.

Court Disposition

Appeal rejected; applicant condemned to costs.

Orders

  • The appeal is rejected.
  • Welmax + sp. z o. o. sp.k. is condemned to pay costs.