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Case T-722/18: Judgment of the General Court of 9 December 2020 — Repsol v EUIPO — Basic (BASIC) (EU trade mark — Invalidity proceedings — EU figurative mark BASIC — Earlier national trade names basic and basic AG — Relative grounds for refusal — Use in the course of trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) — Declaration of partial invalidity — Decision taken following the annulment of an earlier decision by the General Court — Referral of the case back to a Board of Appeal — Lack of competence of the authority referring the case — Article 1(d) of Regulation (EC) No 216/96 — Cross-claim)
ECLI:EU:UNKNOWN:62018TA0722
62018TA0722
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Official Journal of the European Union
C 35/42
(Case T-722/18) (*)
(EU trade mark - Invalidity proceedings - EU figurative mark BASIC - Earlier national trade names basic and basic AG - Relative grounds for refusal - Use in the course of trade of a sign of more than mere local significance - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) - Declaration of partial invalidity - Decision taken following the annulment of an earlier decision by the General Court - Referral of the case back to a Board of Appeal - Lack of competence of the authority referring the case - Article 1(d) of Regulation (EC) No 216/96 - Cross-claim)
(2021/C 35/54)
Language of the case: English
Parties
Applicant: Repsol, SA (Madrid, Spain) (represented by: J.-B. Devaureix and J.C. Erdozain López, lawyers)
Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Basic AG Lebensmittelhandel (Munich, Germany) (represented by: D. Altenburg, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 22 August 2018 (Case R 178/2018-2), relating to invalidity proceedings between Basic Lebensmittelhandel and Repsol.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 August 2018 (Case R 178/2018-2);
2.Declares that there is no longer any need to adjudicate on the cross-claim;
3.Orders EUIPO and Basic AG Lebensmittelhandel to bear their own costs and each to pay half of the costs incurred by Repsol, SA.
(*)
Language of the case: English
ECLI:EU:C:2021:35