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Case T-767/15: Judgment of the General Court of 28 February 2017 — Labeyrie v EUIPO — Delpeyrat (Representation of a sowing of light coloured fish on a dark background) (EU trade mark — Revocation proceedings — EU figurative mark representing a sowing of light coloured fish on a dark background — Declaration of revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form that differs in elements does not alter the distinctive character)
ECLI:EU:UNKNOWN:62015TA0767
62015TA0767
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18.4.2017
Official Journal of the European Union
C 121/28
(Case T-767/15)(1)
((EU trade mark - Revocation proceedings - EU figurative mark representing a sowing of light coloured fish on a dark background - Declaration of revocation - Genuine use of the mark - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Form that differs in elements does not alter the distinctive character))
(2017/C 121/41)
Language of the case: French
Parties
Applicant: Labeyrie (Saint-Geours-de-Maremne, France) (represented by: A. Lecomte, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Delpeyrat (Saint-Pierre-du-Mont, France) (represented by: J. Ennochi, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 15 October 2015 (Case R 2694/2014-1), relating to revocation proceedings between Depeyrat and Labeyrie.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Labeyrie to bear its own costs as well as those incurred by EUIPO;
3.Orders Delpeyrat to bear its own costs.
Language of the case: French.
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