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Case T-337/20: Judgment of the General Court of 29 June 2022 — Hochmann Marketing v EUIPO (bittorrent) (EU trade mark — Board of Appeal decision confirming the revocation of an earlier decision — Article 103(1) of Regulation (EU) 2017/1001 — Request for conversion into a national trade mark application — Ground precluding conversion — Non-use of the EU trade mark — Article 139(2)(a) of Regulation 2017/1001 — Right to be heard — Article 47 of the Charter of Fundamental Rights)

ECLI:EU:UNKNOWN:62020TA0337

62020TA0337

June 29, 2022
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16.8.2022

Official Journal of the European Union

C 311/9

(Case T-337/20) (<span class="oj-super oj-note-tag">1</span>)

(EU trade mark - Board of Appeal decision confirming the revocation of an earlier decision - Article 103(1) of Regulation (EU) 2017/1001 - Request for conversion into a national trade mark application - Ground precluding conversion - Non-use of the EU trade mark - Article 139(2)(a) of Regulation 2017/1001 - Right to be heard - Article 47 of the Charter of Fundamental Rights)

(2022/C 311/12)

Language of the case: German

Parties

Applicant: Hochmann Marketing GmbH (Neu-Isenburg, Germany) (represented by: J. Jennings, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Söder and E. Markakis, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 March 2020 (Case R 187/2020-4).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Hochmann Marketing GmbH to pay the costs.

(<span class="oj-super">1</span>) OJ C 255, 3.8.2020.

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