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CJEU T‐549/15 / Judgment

Ramón Guiral Broto v. European Union Intellectual Property Office

Policy area:
Internal market
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
The General Court (Fourth Chamber)
Decision date:

Key facts of the case:

(EU trade mark — Opposition proceedings — Application for the EU figurative mark CAFE DEL SOL — Earlier national figurative mark Café del Sol — Failure to submit evidence in the language of the opposition proceedings — Articles 75 and 76 of Regulation (EC) No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rights of the defence)

Results (sanctions) and key consequences of the case:

THE GENERAL COURT (Fourth Chamber) hereby:

  1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 July 2015 (Case R 1888/2014-5), relating to opposition proceedings between Mr Ramón Guiral Broto and Gastro & Soul GmbH;
  2. Dismisses the action as to the remainder;
  3. Orders EUIPO and Mr Guiral Broto each to bear their own costs.