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Case T-355/17: Order of the General Court of 22 November 2018 — Daico International v EUIPO — American Franchise Marketing (RoB) (EU trade mark — Cancellation proceedings — Figurative mark RoB — Declaration of invalidity — Article 60(1) of Regulation (EC) No 207/2009 (now Article 68(1) of Regulation (EU) 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Rule 49(3) of Regulation (EC) No 2868/95 (now Article 23(3) of Regulation (EU) 2018/625) — Rule 62(3) of Regulation No 2868/95 (now Article 58(3) of Regulation 2018/625) — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62017TB0355
62017TB0355
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Official Journal of the European Union
C 44/60
(Case T-355/17) (*)
((EU trade mark - Cancellation proceedings - Figurative mark RoB - Declaration of invalidity - Article 60(1) of Regulation (EC) No 207/2009 (now Article 68(1) of Regulation (EU) 2017/1001) - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) - Rule 49(3) of Regulation (EC) No 2868/95 (now Article 23(3) of Regulation (EU) 2018/625) - Rule 62(3) of Regulation No 2868/95 (now Article 58(3) of Regulation 2018/625) - Action manifestly lacking any foundation in law))
(2019/C 44/78)
Language of the case: English
Parties
Applicant: Daico International BV (Amsterdam, Netherlands) (represented by: M. Kassner, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Söder, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: American Franchise Marketing Ltd (London, United Kingdom)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 9 March 2017 (Case R 1405/2016-2), relating to cancellation proceedings between American Franchise Marketing and Daico International.
Operative part of the order
1.The action is dismissed.
2.Daico International BV shall pay the costs.
(*) Language of the case: English.
(1) OJ C 239, 24.7.2017.
* * *
(2019/C 44/78)