Дело T-***/**: *****************, Съдебно решение от **.**.2018 г.

Текст

... and Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and Article 59(1)(a) of Regulation (EU) 2017/1001))

In Case T‑214/17,

Out of the blue KG, established in Lilienthal (Germany), represented by G. Hasselblatt, V. Töbelmann and A. Zarm, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl, J. Ivanauskas and D. Walicka, acting as Agents,

defendant,

the other parties to the proceedings before the Board of Appeal of EUIPO being

Frédéric Dubois, residing in Lasne (Belgium),

MFunds USA LLC, established in Miami Beach, Florida (United States),

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 20 January 2017 (Case R 1081/2016-2) concerning invalidity proceedings between Out of the blue, of the one part, and Frédéric Dubois and MFunds USA, of the other part,

THE GENERAL COURT (Fifth Chamber),

composed of D. Gratsias, President, I. Labucka and A. Dittrich (Rapporteur), Judges,

Registrar: I. Dragan,

having regard to the application lodged at the Court Registry on 6 April 2017,

having regard to the response lodged at the Court Registry on 18 July 2017,

further to the hearing on 13 July 2018,

gives the present

Judgment

I. Background to the dispute

1. On 18 June 2015, Mr Frédéric Dubois and MFunds USA LLC obtained registration, under number 9 350 794, of the EU word mark FUNNY BANDS (‘the mark at issue’) from the European Union Intellectual Property Office (EUIPO), pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on ...