Judgment of the General Court (Sixth Chamber) of 27 March 2019.Ilona Biernacka-Hoba v European Union Intellectual Property Office.EU trade mark — Invalidity proceedings — EU figurative mark Formata — Earlier international figurative mark Formata — Relative ground for invalidity — Article 60(1)(a) and Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 — Rule 37 of Regulation (EC) No 2868/95 (now Article 12 of Delegated Regulation (EU) 2018/625) — Conditions governing the representation of the earlier mark — Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) — Legitimate expectations — Reimbursement of the costs of representation — Article 109 of Regulation 2017/1001 and Rule 94 of Regulation No 2868/95 (now Article 109 of Regulation 2017/1001).Case T-265/18.

Judgment // 27/03/2019 // 2 min read
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Judgment of the General Court (Sixth Chamber) of 27 March 2019 –Biernacka-Hoba v EUIPO — Formata Bogusław Hoba (Formata)

(Case T‑265/18)

(EU trade mark — Invalidity proceedings — EU figurative mark Formata — Earlier international figurative mark Formata — Relative ground for invalidity — Article 60 (1) (a) and Article 8 (1) (a) and (b) of Regulation (EU) 2017/1001 — Rule 37 of Regulation (EC) No 2868/95 (now Article 12 of Delegated Regulation (EU) 2018/625) — Conditions governing the representation of the earlier mark — Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) — Legitimate expectations — Reimbursement of the costs of representation — Article 109 of Regulation 2017/1001 and Rule 94 of Regulation No 2868/95 (now Article 109 of Regulation 2017/1001))

  1. EU trade mark — Surrender, revocation and invalidity — Invalidity proceedings — Admissibility — Conditions

(Commission Regulation No 2868/95, Art. 1, Rules 37 and 39(3), replaced by Commission Delegated Regulation 2018/625, Arts 12 and 15(4))

(see paras 30-32)

  1. EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities — Compliance of the assurances with the applicable rules

(see para. 41)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 February 2018 (Case R 2032/2017-4), relating to invalidity proceedings between Ms Biernacka-Hoba and Formata Bogusław Hoba.

Operative part

The Court:

  1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 February 2018 (Case R 2032/2017-4), in so far as it ordered Ms Ilona Biernacka-Hoba to pay the costs incurred by Formata Bogusław Hoba for the purposes of the invalidity proceedings and the appeal and fixed the amount of the costs that Ms Biernacka-Hoba had to pay to Formata Bogusław Hoba at EUR 1000, and alters that decision to the effect that Ms Biernacka-Hoba must not be ordered to pay such a sum;

  2. Dismisses the action as to the remainder;

  3. Orders each party to bear its own costs.

Trade marks