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Case T-785/17: Judgment of the General Court of 24 January 2019 — Ilhan v EUIPO — Time Gate (BIG SAM SPORTSWEAR COMPANY) (EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark BIG SAM SPORTSWEAR COMPANY — Earlier word mark SAM — Relative ground for refusal — Extinction of rights due to acquiescence — Evidence presented for the first time before the General Court — Article 54(2) of Regulation (EC) No 207/2009 (now Article 61(2) of Regulation (EU) 2017/1001) — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001))

ECLI:EU:UNKNOWN:62017TA0785

62017TA0785

January 24, 2019
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Valentina R., lawyer

18.3.2019

Official Journal of the European Union

C 103/36

(Case T-785/17) (*)

((EU trade mark - Invalidity proceedings - International registration designating the European Union - Figurative mark BIG SAM SPORTSWEAR COMPANY - Earlier word mark SAM - Relative ground for refusal - Extinction of rights due to acquiescence - Evidence presented for the first time before the General Court - Article 54(2) of Regulation (EC) No 207/2009 (now Article 61(2) of Regulation (EU) 2017/1001) - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)))

(2019/C 103/46)

Language of the case: English

Parties

Applicant: Ercan Ilhan (Istanbul, Turkey) (represented by: S. Can, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Time Gate GmbH (Cologne, Germany) (represented by: R. Kunz-Hallstein, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 September 2017 (Case R 974/2016-5) relating to invalidity proceedings between Time Gate and Mr Ilhan.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Ercan Ilhan to pay the costs.

(*)

Language of the case: English

ECLI:EU:C:2019:140

* * *

(1) OJ C 32, 29.1.2018.

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