Judgment — ECLI:EU:T:2019:13
Date: 2019-01-17
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: United Kingdom

Judgment of the General Court of 17 January 2019 — Turbo-K International v EUIPO — Turbo-K (TURBO-K) (Case T-671/17) 1 (EU trade mark — Opposition proceedings — Application for EU work mark TURBO-K — Earlier non-registered marks TURBO-K — Relative ground for refusal — Use of a sign in the course of trade of more than mere local significance — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law actions for passing-off — Goodwill) Language of the case: English Parties Applicant: Turbo-K International Ltd (Birmingham, United Kingdom) (represented by: A. Norris and A. Muir Wood, Barristers) Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Turbo-K Ltd (Winchester, United Kingdom) (represented by: O. van Haperen, lawyer, T. St Quintin, Barrister, and E. Morris, Solicitor) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 14 July 2017 (Case R 2135/2016-2), relating to opposition proceedings between Turbo-K and Turbo-K International. Operative part of the judgment The Court: Dismisses the action; Dismisses the cross-claim as inadmissible; Orders Turbo-K International Ltd and Turbo-K Ltd each to bear their own costs and each to pay half of the costs incurred by the European Union Intellectual Property Office (EUIPO). ____________ 1 OJ C 424, 11.12.2017.