Judgment — ECLI:EU:T:2019:197
Date: 2019-03-27
Language of the case: Polish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Poland

Judgment of the General Court of 27 March 2019 — Biernacka-Hoba v EUIPO — Formata Bogusław Hoba (Formata) (Case T-265/18) 1 (EU trade mark — Invalidity proceedings — EU figurative mark Formata — Earlier international figurative mark Formata — Relative ground for invalidity — Article 60(1)(a) and Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 — Rule 37 of Regulation (EC) No 2868/95 (now Article 12 of Delegated Regulation (EU) 2018/625) — Conditions governing the representation of the earlier mark — Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) — Legitimate expectations — Reimbursement of the costs of representation — Article 109 of Regulation 2017/1001 and Rule 94 of Regulation No 2868/95 (now Article 109 of Regulation 2017/1001)) Language of the case: Polish Parties Applicant: Illona Biernacka-Hoba (Aleksandrów Łódzki, Poland) (represented by: R. Rumpel, 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: Formata Bogusław Hoba (Aleksandrów Łódzki, Poland) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 February 2018 (Case R 2032/2017-4), relating to invalidity proceedings between Ms Biernacka-Hoba and Formata Bogusław Hoba Operative part of the judgment The Court: 1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 February 2018 (Case R 2032/2017-4), in so far as it ordered Ms Ilona Biernacka-Hoba to pay the costs incurred by Formata Bogusław Hoba for the purposes of the invalidity proceedings and the appeal and fixed the amount of the costs that Ms Biernacka-Hoba had to pay to Formata Bogusław Hoba at EUR 1000, and alters that decision to the effect that Ms Biernacka-Hoba must not be ordered to pay such a sum; 2. Dismisses the action as to the remainder; 3. Orders each party to bear its own costs. ____________ 1 OJ C 231, 2.7.2018.