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Case T-820/19: Judgment of the General Court of 11 November 2020 — Totalizator Sportowy v EUIPO — Lottoland Holdings (Lottoland) (EU trade mark — Invalidity proceedings — EU word mark Lottoland — Earlier national figurative marks LOTTO and Lotto — Earlier national word mark lotto — Declaration of partial invalidity — Relative ground for refusal — No damage to reputation — No link between the marks at issue — Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62019TA0820
62019TA0820
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Official Journal of the European Union
C 9/18
(Case T-820/19)
(EU trade mark - Invalidity proceedings - EU word mark Lottoland - Earlier national figurative marks LOTTO and Lotto - Earlier national word mark lotto - Declaration of partial invalidity - Relative ground for refusal - No damage to reputation - No link between the marks at issue - Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001)
(2021/C 9/26)
Language of the case: English
Parties
Applicant: Totalizator Sportowy sp. z o.o. (Warsaw, Poland) (represented by: B. Matusiewicz-Kulig, lawyer)
Defendant: European Union Intellectual Property Office (represented by: P. Sipos and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Lottoland Holdings Ltd (Ocean Village, Gibraltar) (represented by: A. Gérard, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 October 2019 (Case R 97/2019-4), relating to invalidity proceedings between Totalizator Sportowy and Lottoland Holdings.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Totalizator Sportowy sp. z o.o. to pay the costs.
OJ C 45, 10.2.2020.