Judgment — ECLI:EU:T:2019:87
Date: 2019-02-14
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: United Kingdom

summary of the pleas in law on which the application is based — Unambiguous wording of the form of order sought by the applicant (Rules of Procedure of the General Court, Art. 76(1)(e)) (see para. 24) 3. EU trade mark — Appeals procedure — Appeals to a Board of Appeal — Suspension of proceedings — Conditions (Commission Regulation No 2868/95, Art. 1, Rule 20(7)(c)) (see paras 34-36, 38, 39, 44, 53, 57) 4. EU trade mark — Surrender, revocation and invalidity — Application for revocation — Opposition proceedings already brought on the basis of the same mark — Admissibility (European Parliament and Council Regulation 2017/1001, Arts 46, 47(2), 58(1)(a) and 63(1)(a); Commission Regulation No 2868/95, Art. 1, Rule 18) (see para. 42) 5. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Scope — Appeals procedure — Examination by the Board of Appeal — Scope — Taking into account of changes in circumstances (European Parliament and Council Regulation 2017/1001, Art. 70(1)) (see para. 43) 6. EU trade mark — Effects of the EU trade mark — Rights conferred by a trade mark — Right to prohibit the use of the mark — Use of an identical or similar sign covering identical or similar products or services — Extent of the exclusive right granted to the proprietor — Period of five years following registration (European Parliament and Council Regulation 2017/1001, Arts 9(2)(b), 18(1) and 58(1)(a) and (2)) (see paras 47, 48) 7. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Expiry of the earlier mark during the opposition proceedings — No conflict between the marks (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 46) (see para. 56) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 December 2017 (Case R 1991/2016-5) relating to opposition proceedings between Acer and Beko. Operative part The Court: 1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 December 2017 (Case R 1991/2016-5); 2. Orders EUIPO to bear its own costs and to pay those incurred by Beko plc.