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Case T-794/16: Judgment of the General Court of 7 February 2018 — Şölen Çikolata Gıda Sanayi ve Ticaret v EUIPO — Zaharieva (Ice cream cornet packaging) (Community design — Invalidity proceedings — Registered Community design representing an ice cream cornet — Earlier international registration designating Bulgaria — Ground for invalidity — Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Obligation to state reasons — Article 62 of Regulation No 6/2002 — Duty of diligence — Article 63(1) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62016TA0794
62016TA0794
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19.3.2018
Official Journal of the European Union
C 104/36
(Case T-794/16)(1)
((Community design - Invalidity proceedings - Registered Community design representing an ice cream cornet - Earlier international registration designating Bulgaria - Ground for invalidity - Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use - Article 25(1)(e) of Regulation (EC) No 6/2002 - Obligation to state reasons - Article 62 of Regulation No 6/2002 - Duty of diligence - Article 63(1) of Regulation No 6/2002))
(2018/C 104/47)
Language of the case: English
Parties
Applicant: Şölen Çikolata Gıda Sanayi ve Ticaret AŞ (Şehitkamil Gaziantep, Turkey) (represented by: T. Tsenova, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the Court: Elka Zaharieva (Plovdiv, Bulgaria) (represented by: A. Kostov, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 12 September 2016 (Case R 1144/2015-3), relating to invalidity proceedings between Şölen Çikolata Gıda Sanayi ve Ticaret and Mrs Zaharieva.
Operative part of the judgment
The Court:
1.Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 September 2016 (Case R 1144/2015-3);
2.Grants the application for a declaration that the design registered under number 002343244-0001 is invalid;
3.Orders EUIPO to bear its own costs and to pay the costs incurred by Şölen Çikolata Gıda Sanayi ve Ticaret before the General Court and before the Board of Appeal of EUIPO;
4.Orders Mrs Elka Zaharieva to bear her own costs.
(1) OJ C 22, 23.1.2017.