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Case T-122/17: Judgment of the General Court of 25 October 2018 — Devin v EUIPO — Haskovo (DEVIN) (EU trade mark – Cancellation proceeding – European Union word mark DEVIN – Absolute ground for refusal – Descriptive character – Geographical name – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) and (3) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0122
62017TA0122
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Official Journal of the European Union
C 4/26
(Case T-122/17) (*)
(EU trade mark - Cancellation proceeding - European Union word mark DEVIN - Absolute ground for refusal - Descriptive character - Geographical name - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) and (3) of Regulation (EU) 2017/1001))
(2019/C 4/35)
Language of the case: English
Parties
Applicant: Devin AD (Devin, Bulgaria) (represented by: B. Van Asbroeck, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Di Natale and D. Gája, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Haskovo Chamber of Commerce and Industry (Haskovo, Bulgaria)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 2 December 2016 (Case R 579/2016-2) relating to invalidity proceedings between Devin AD and Haskovo Chamber of Commerce and Industry.
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 2 December 2016 (Case R 579/2016-2);
2.Dismisses the action as to the remainder;
3.Orders EUIPO to bear its own costs and to pay those incurred by Devin AD;
4.Orders Haskovo Chamber of Commerce and Industry to bear its own costs.
(*)
Language of the case: English
* * *
(1) OJ C 121, 18.4.2017.