Official Journal of the European Union

C 221/20

(Case T-107/16)(1)

((EU trade mark - Invalidity proceedings - EU figurative mark AIR HOLE FACE MASKS YOU IDIOT - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 - Power to alter decisions))

(2017/C 221/25)

Language of the case: English

Parties

Applicant: Airhole Facemasks, Inc. (Vancouver, Canada) (represented by: S. Barker, Solicitor, and A. Michaels, Barrister)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: sindustrysurf, SL (Trapagaran, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 January 2016 (Case R 2547/2014-4), relating to invalidity proceedings between Airhole Facemasks and sindustrysurf.

Operative part of the judgment

The Court:

1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 January 2016 (Case R 2547/2014-4), relating to invalidity proceedings between Airhole Facemasks, Inc. and sindustrysurf, SL, and alters it to the effect that the appeal brought before EUIPO by sindustrysurf against the Cancellation Division’s decision of 30 July 2014 is dismissed;

2.Orders Airhole Facemasks and EUIPO to bear their own respective costs incurred before the General Court;

3.Orders sindustrysurf to pay the costs incurred by Airhole Facemasks before the Board of Appeal of EUIPO;

4.Dismisses the action as to the remainder.

(1) OJ C 175, 17.5.2016.