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Case T-265/18: Judgment of the General Court of 27 March 2019 — Biernacka-Hoba v EUIPO — Formata Bogusław Hoba (Formata) (EU trade mark — Invalidity proceedings — EU figurative mark Formata — Earlier international figurative mark Formata — Relative ground for invalidity — Article 60(1)(a) and Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 — Rule 37 of Regulation (EC) No 2868/95 (now Article 12 of Delegated Regulation (EU) 2018/625) — Conditions governing the representation of the earlier mark — Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) — Legitimate expectations — Reimbursement of the costs of representation — Article 109 of Regulation 2017/1001 and Rule 94 of Regulation No 2868/95 (now Article 109 of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62018TA0265
62018TA0265
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Valentina R., lawyer
13.5.2019
Official Journal of the European Union
C 164/47
(Case T-265/18) (<span class="super note-tag">1</span>)
(EU trade mark - Invalidity proceedings - EU figurative mark Formata - Earlier international figurative mark Formata - Relative ground for invalidity - Article 60(1)(a) and Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 - Rule 37 of Regulation (EC) No 2868/95 (now Article 12 of Delegated Regulation (EU) 2018/625) - Conditions governing the representation of the earlier mark - Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) - Legitimate expectations - Reimbursement of the costs of representation - Article 109 of Regulation 2017/1001 and Rule 94 of Regulation No 2868/95 (now Article 109 of Regulation 2017/1001))
(2019/C 164/50)
Language of the case: Polish
Parties
Applicant: Illona Biernacka-Hoba (Aleksandrów Łódzki, Poland) (represented by: R. Rumpel, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Formata Bogusław Hoba (Aleksandrów Łódzki, Poland)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 February 2018 (Case R 2032/2017-4), relating to invalidity proceedings between Ms Biernacka-Hoba and Formata Bogusław Hoba
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 13 February 2018 (Case R 2032/2017-4), in so far as it ordered Ms Ilona Biernacka-Hoba to pay the costs incurred by Formata Bogusław Hoba for the purposes of the invalidity proceedings and the appeal and fixed the amount of the costs that Ms Biernacka-Hoba had to pay to Formata Bogusław Hoba at EUR 1000, and alters that decision to the effect that Ms Biernacka-Hoba must not be ordered to pay such a sum;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(<span class="note">1</span>) OJ C 231, 2.7.2018.