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Case T-739/20: Judgment of the General Court of 22 June 2022 — Unite the Union v EUIPO — WWRD Ireland (WATERFORD) (EU trade mark — Revocation proceedings — EU word mark WATERFORD — Action for annulment — Article 63(3) of Regulation (EU) 2017/1001 — Admissibility — Trade mark liable to mislead the public — Article 51(1)(c) of Regulation (EC) No 207/2009 (now Article 58(1)(c) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62020TA0739
62020TA0739
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Official Journal of the European Union
C 303/39
(Case T-739/20) (*)
(EU trade mark - Revocation proceedings - EU word mark WATERFORD - Action for annulment - Article 63(3) of Regulation (EU) 2017/1001 - Admissibility - Trade mark liable to mislead the public - Article 51(1)(c) of Regulation (EC) No 207/2009 (now Article 58(1)(c) of Regulation 2017/1001))
(2022/C 303/48)
Language of the case: English
Parties
Applicant: Unite the Union (London, United Kingdom) (represented by: B. O’Connor and M. Hommé, lawyers)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek and D. Hanf, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: WWRD Ireland IPCO LLC (Wilmington, Delaware, United States) (represented by: M. Mortelé and B. Lieben, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 September 2020 (Case R 2683/2019-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Unite the Union to bear its own costs and to pay those incurred by WWRD Ireland IPCO LLC;
3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
(*)
Language of the case: English.
(1) OJ C 62, 22.2.2021.
* * *
ECLI:EU:C:2022:140