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Case T-167/20: Judgment of the General Court of 12 May 2021 — Tornado Boats International v EUIPO — Haygreen (TORNADO) (EU trade mark — Invalidity proceedings — Figurative EU mark TORNADO — Absolute ground for invalidity — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62020TA0167
62020TA0167
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28.6.2021
Official Journal of the European Union
C 252/22
(Case T-167/20) (*)
(EU trade mark - Invalidity proceedings - Figurative EU mark TORNADO - Absolute ground for invalidity - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))
(2021/C 252/29)
Language of the case: English
Parties
Applicant: Tornado Boats International ApS (Lystrup, Denmark) (represented by: M. Hoffgaard Rasmussen, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: David Haygreen (Colwyn Bay, United Kingdom) (represented by: R. Harrison, Solicitor)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 17 January 2020 (Case R 1169/2018-1), relating to proceedings for a declaration of invalidity between Mr Haygreen and Tornado Boats International.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Tornado Boats International ApS to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders Mr David Haygreen to bear his own costs.
(*)
Language of the case: English
(1) OJ C 175, 25.5.2020.