Judgment — ECLI:EU:T:2017:82
Date: 2017-02-16
Language of the case: English
Court formation: Fifth 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 — General reference to other documents not annexed to the application — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 50) 6. EU trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Opposition proceedings — Examination restricted to the submissions of the parties — Well-known facts taken into account (Council Regulation No 207/2009, Art. 76(1)) (see para. 62) Re: ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 9 December 2014 (Case R 1415/2013-4) relating to opposition proceedings between Jaguar Land Rover and Nissan Jidosha. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 December 2014 (Case R 1415/2013‑4); 2. Orders EUIPO to bear its own costs and to pay those incurred by Jaguar Land Rover Ltd; 3. Orders Nissan Jidosha KK to bear its own costs.