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Case T-712/20: Judgment of the General Court of 13 October 2021 — Škoda Investment v EUIPO — Škoda Auto (Representation of an arrow with wing) (EU trade mark — Opposition proceedings — Application for an EU figurative mark representing an arrow with wing — Earlier EU figurative mark representing an arrow with wing — Relative ground for refusal — Partial rejection of the opposition — Limited scope of the opposition in the context of the appeal before the Board of Appeal — Partial withdrawal of the opposition — Plea raised by the Board of Appeal of its own motion — Prohibition on ruling ultra petita)
ECLI:EU:UNKNOWN:62020TA0712
62020TA0712
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6.12.2021
Official Journal of the European Union
C 490/40
(Case T-712/20) (*)
(EU trade mark - Opposition proceedings - Application for an EU figurative mark representing an arrow with wing - Earlier EU figurative mark representing an arrow with wing - Relative ground for refusal - Partial rejection of the opposition - Limited scope of the opposition in the context of the appeal before the Board of Appeal - Partial withdrawal of the opposition - Plea raised by the Board of Appeal of its own motion - Prohibition on ruling ultra petita)
(2021/C 490/47)
Language of the case: English
Parties
Applicant: Škoda Investment a.s. (Plzeň, Czech Republic) (represented by: L. Lorenc, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Škoda Auto a.s. (Mladá Boleslav, Czech Republic) (represented by: J. Fesenmair, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 October 2020 (Case R 284/2020-4), relating to opposition proceedings between Škoda Investment and Škoda Auto.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Škoda Investment a.s. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and Škoda Auto a.s. in the proceedings before the General Court.
*
(*) Language of the case: English.
ECLI:EU:C:2021:140