Judgment — ECLI:EU:T:2017:98
Date: 2017-02-17
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Netherlands

Judgment of the General Court (First Chamber) of 17 February 2017 — Unilever v EUIPO — Technopharma (Fair & Lovely) (Case T‑811/14) (EU trade mark — Opposition proceedings — Application for EU figurative mark Fair & Lovely — Earlier national and Benelux word marks FAIR & LOVELY — Decision on the appeal — Article 64(1) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 — Legitimate expectations — Misuse of powers — Manifest errors of assessment) 1. EU trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of EUIPO — Examination by the Board of Appeal — Scope — Observance of the rights of the defence (Council Regulation No 207/2009, Arts 64(1), and 75) (see paras 31, 35-37) 2. EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities (see para. 39) 3. EU trade mark — Appeals procedure — Appeal to a Board of Appeal — Stay of proceedings — Conditions (Commission Regulation No 2868/95, Art. 1, Rules 20(7)(c), and 50(1)) (see paras 54-56, 61) Re: ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 6 October 2014 (Case R 1004/2013-4), relating to opposition proceedings between Technopharma and Unilever. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 October 2014 (Case R 1004/2013‑4) concerning opposition proceedings between Technopharma Ltd et Unilever NV; 2. Orders EUIPO to bear its own costs and to pay half of the costs incurred by Unilever; 3. Orders Technopharma to bear its own costs and to pay half of the costs incurred by Unilever.