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Case T-533/19: Judgment of the General Court of 8 July 2020 — Artur Florêncio & Filhos, Affsports v EUIPO — Anadeco Gestion (sflooring) (EU trade mark — Opposition proceedings — Application for EU figurative mark sflooring — Earlier national word mark T-FLOORING — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62019TA0533
62019TA0533
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12.10.2020
Official Journal of the European Union
C 339/16
(Case T-533/19) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark sflooring - Earlier national word mark T-FLOORING - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001)
(2020/C 339/20)
Language of the case: English
Parties
Applicant: Artur Florêncio & Filhos, Affsports Lda (Sintra, Portugal) (represented by: D. Martins Pereira Soares, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Anadeco Gestion, SA (Cartagena, Spain) (represented by: J. Erdozain Lopez and J. Galan Lopez, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 May 2019 (Case R 1870/2018-4), relating to opposition proceedings between Anadeco Gestion and Artur Florêncio & Filhos, Affsports.
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 20 May 2019 (Case R 1870/2018-4);
2.Dismisses the action as to the remainder;
3.Orders EUIPO and Anadeco Gestion, SA to bear their own costs and each to pay half of the costs incurred by Artur Florêncio & Filhos, Affsports Lda before the General Court and the Board of Appeal.
(*)
Language of the case: English.
(1) OJ C 312, 16.9.2019.
ECLI:EU:C:2020:140