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Case T-3/20: Judgment of the General Court of 16 December 2020 — Forbo Financial Services v EUIPO — Windmöller (Canoleum) (EU trade mark — Opposition proceedings — Application for the EU word mark Canoleum — Earlier international word mark MARMOLEUM — Relative ground for refusal — Late filing of the statement of the grounds of appeal — Inadmissibility of the appeal before the Board of Appeal — Request for restitutio in integrum — Sudden illness of the lawyer representing the applicant — Duty of due care — Probative value of the affidavit made by the lawyer)
ECLI:EU:UNKNOWN:62020TA0003
62020TA0003
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22.2.2021
Official Journal of the European Union
C 62/29
(Case T-3/20) (*)
(EU trade mark - Opposition proceedings - Application for the EU word mark Canoleum - Earlier international word mark MARMOLEUM - Relative ground for refusal - Late filing of the statement of the grounds of appeal - Inadmissibility of the appeal before the Board of Appeal - Request for restitutio in integrum - Sudden illness of the lawyer representing the applicant - Duty of due care - Probative value of the affidavit made by the lawyer)
(2021/C 62/35)
Language of the case: German
Parties
Applicant: Forbo Financial Services AG (Baar, Switzerland) (represented by: S. Fröhlich, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Windmöller GmbH (Augustdorf, Germany)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 9 October 2019 (Case R 773/2019-2) relating to opposition proceedings between Forbo Financial Services and Windmöller.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 October 2019 (Case R 773/2019-2);
2.Orders EUIPO to pay the costs.
(*)
Language of the case: German.
ECLI:EU:C:2021:140