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Case T-557/19: Judgment of the General Court of 23 September 2020 — Seven v EUIPO (7Seven) (EU trade mark — EU figurative mark 7Seven — No request for renewal of the registration of the trade mark — Cancellation of the mark on expiry of the registration — Article 53 of Regulation (EU) 2017/1001 — Application for restitutio in integrum submitted by a licensee — Article 104(1) of Regulation 2017/1001 — Duty of due care)
ECLI:EU:UNKNOWN:62019TA0557
62019TA0557
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16.11.2020
Official Journal of the European Union
C 390/34
(Case T-557/19) (<span class="oj-super oj-note-tag">1</span>)
(EU trade mark - EU figurative mark 7Seven - No request for renewal of the registration of the trade mark - Cancellation of the mark on expiry of the registration - Article 53 of Regulation (EU) 2017/1001 - Application for restitutio in integrum submitted by a licensee - Article 104(1) of Regulation 2017/1001 - Duty of due care)
(2020/C 390/48)
Language of the case: English
Parties
Applicant: Seven SpA (Leinì, Italy) (represented by: L. Trevisan, lawyer)
Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 June 2019 (Case R 2076/2018-5), relating to an application for restitutio in integrum of the right to request the renewal of the EU figurative mark 7Seven.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Seven SpA to pay the costs.
(<span class="oj-super">1</span>) OJ C 328, 30.9.2019.