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Case T-823/17: Judgment of the General Court of 13 February 2019 — Etnia Dreams v EUIPO — Poisson (Etnik) [EU trade mark — Opposition proceedings — Application for EU word mark Etnik — Earlier EU trade mark — Relative ground for refusal — Failure to identify the earlier trade mark in the notice of opposition — Principle of sound administration — Right to an effective remedy — Equality of arms — Principle of good faith — Legitimate expectations]
ECLI:EU:UNKNOWN:62017TA0823
62017TA0823
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Official Journal of the European Union
C 122/18
(Case T-823/17) (*)
(EU trade mark - Opposition proceedings - Application for EU word mark Etnik - Earlier EU trade mark - Relative ground for refusal - Failure to identify the earlier trade mark in the notice of opposition - Principle of sound administration - Right to an effective remedy - Equality of arms - Principle of good faith - Legitimate expectations)
(2019/C 122/20)
Language of the case: Spanish
Parties
Applicant: Etnia Dreams, SL (Valencia, Spain) (represented by: P. Gago Comes, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Serge Poisson (Limal, Belgium)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 October 2017 (Case R 880/2017-4) relating to opposition proceedings between Etnia Dreams and Mr Poisson.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Etnia Dreams SL to pay the costs.
(*)
Language of the case: Spanish.
* * *
(1) OJ C 72, 26.2.2018.