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Case T-785/17: Action brought on 27 November 2017 — Ilhan v EUIPO — Time Gate (SPORTSWEAR COMPANY BIG SAM)
ECLI:EU:UNKNOWN:62017TN0785
62017TN0785
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Valentina R., lawyer
29.1.2018
EN
Official Journal of the European Union
C 32/44
(Case T-785/17)
(2018/C 032/58)
Language in which the application was lodged: English
Parties
Applicant: Ercan Ilhan (Istanbul, Turkey) (represented by: S. Can, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Time Gate GmbH (Köln, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: International registration designating the European Union in respect of the figurative mark containing the word elements ‘SPORTSWEAR COMPANY BIG SAM’ – International registration designating the European Union No 891 276
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 13 September 2017 in Case R 974/2016-5
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 September 2017 (R 974/2016-5) and therefore allow the registration of the trademark Sportswear Company BIG SAM;
—order Time Gate GmbH to bear its own costs;
—order EUIPO to bear its own costs.
Pleas in law
—Acquiescence pursuant Article 54 of Regulation No 207/2009;
—Erroneous assessment of the likelihood of confusion of signs.