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Case T-162/18: Judgment of the General Court of 14 February 2019 — Beko v EUIPO — Acer (ALTUS) (EU trade mark — Opposition proceedings — Application for EU figurative mark ALTUS — Earlier national word marks ALTOS — Revocation proceedings in respect of earlier marks initiated before national authorities — Likelihood of confusion — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625))

ECLI:EU:UNKNOWN:62018TA0162

62018TA0162

February 14, 2019
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Official Journal of the European Union

C 131/45

(Case T-162/18) (*)

(EU trade mark - Opposition proceedings - Application for EU figurative mark ALTUS - Earlier national word marks ALTOS - Revocation proceedings in respect of earlier marks initiated before national authorities - Likelihood of confusion - Suspension of the administrative proceedings - Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625))

(2019/C 131/51)

Language of the case: English

Parties

Applicant: Beko plc (Watford, United Kingdom) (represented by: G. Tritton, Barrister)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Acer, Inc. (Taipei, Taiwan)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 December 2017 (Case R 1991/2016-5) relating to opposition proceedings between Acer and Beko.

Operative part of the judgment

The Court:

1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 December 2017 (Case R 1991/2016-5);

2.Orders EUIPO to bear its own costs and to pay those incurred by Beko plc.

(*)

Language of the case: English.

ECLI:EU:C:2019:140

(2019/C 131/51)

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