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Case T-304/16: Judgment of the General Court of 14 December 2017 — bet365 Group Ltd v EUIPO — Hansen (BET 365) (EU trade mark — Invalidity proceedings — EU word mark BET 365 — Absolute ground for refusal — Distinctive character acquired through use — Proof — Use of the mark for a number of purposes — Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62016TA0304
62016TA0304
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12.2.2018
Official Journal of the European Union
C 52/26
(Case T-304/16) (<span class="super note-tag">1</span>)
((EU trade mark - Invalidity proceedings - EU word mark BET 365 - Absolute ground for refusal - Distinctive character acquired through use - Proof - Use of the mark for a number of purposes - Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001)))
(2018/C 052/36)
Language of the case: English
Parties
Applicant: bet365 Group Ltd (Stoke-on-Trent, United Kingdom) (represented by S. Malynicz QC, and by R. Black and J. Bickle, Solicitors)
Defendant: European Union Intellectual Property Office (represented by S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Robert Hansen (Munich, Germany) (represented by M. Pütz-Poulalion, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2016 (Case R 3243/2014-5) relating to invalidity proceedings between Mr Hansen and bet365 Group.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 March 2016 (Case R 3243/2014-5) in so far as it concerns the services in Class 41 listed in the registration of the EU trade mark BET 365;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(<span class="super">1</span>) OJ C 296, 16.8.2016.