Source: EURLEX
Language: en
Format: md

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| 22.2.2021 | EN | Official Journal of the European Union | C 62/29 |

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Judgment of the General Court of 16 December 2020 — Forbo Financial Services v EUIPO — Windmöller (Canoleum)

(Case T-3/20) [(1)](#ntr1-C_2021062EN.01002901-E0001)

(EU trade mark - Opposition proceedings - Application for the EU word mark Canoleum - Earlier international word mark MARMOLEUM - Relative ground for refusal - Late filing of the statement of the grounds of appeal - Inadmissibility of the appeal before the Board of Appeal - Request for restitutio in integrum - Sudden illness of the lawyer representing the applicant - Duty of due care - Probative value of the affidavit made by the lawyer)

(2021/C 62/35)

Language of the case: German

Parties

Applicant: Forbo Financial Services AG (Baar, Switzerland) (represented by: S. Fröhlich, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Windmöller GmbH (Augustdorf, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 9 October 2019 (Case R 773/2019-2) relating to opposition proceedings between Forbo Financial Services and Windmöller.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 October 2019 (Case R 773/2019-2); |

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| 2. | Orders EUIPO to pay the costs. |

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