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Case T-151/17: Judgment of the General Court of 15 March 2018 — Marriott Worldwide v EUIPO — Graf (Representation of a winged bull) (EU trade mark — Invalidity proceedings — EU figurative mark representing a winged bull — Earlier EU and national figurative marks representing a griffin — Relative ground for refusal — Similarity of the signs — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) — Earlier copyright protected by national law — Article 53(2)(c) of Regulation No 207/2009 (now Article 60(2)(c) of Regulation 2017/1001) — Examination of the facts of the Office’s own motion — Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62017TA0151
62017TA0151
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30.4.2018
Official Journal of the European Union
C 152/32
(Case T-151/17)(1)
((EU trade mark - Invalidity proceedings - EU figurative mark representing a winged bull - Earlier EU and national figurative marks representing a griffin - Relative ground for refusal - Similarity of the signs - Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) - Earlier copyright protected by national law - Article 53(2)(c) of Regulation No 207/2009 (now Article 60(2)(c) of Regulation 2017/1001) - Examination of the facts of the Office’s own motion - Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation 2017/1001)))
(2018/C 152/39)
Language of the case: English
Parties
Applicant: Marriott Worldwide Corp. (Bethesda, Maryland, United States) (represented by: A. Reid, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Johann Graf (Gumpoldskirchen, Austria) (represented by: S. Salomonowitz, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 17 January 2017 (Case R 165/2016-4), relating to invalidity proceedings between Marriott Worldwide and Mr Graf.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 January 2017 (Case R 165/2016-4);
2.Orders EUIPO to bear its own costs and to pay those incurred by Marriott Worldwide Corp.;
3.Orders Mr Johann Graf to bear his own costs.
OJ C 129, 24.4.2017.