Judgment of the General Court of 21 September 2017 — Repsol YPF v EUIPO — Basic (BASIC)
(Case T-609/15) 1
(EU trade mark — Invalidity proceedings — EU figurative mark BASIC — Earlier national trade names basic and basic AG — Relative ground for refusal — Use in the course of trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Repsol YPF, SA (Madrid, Spain) (represented initially by J.-B. Devaureix and L. Montoya Terán, and subsequently by J. Erdozain López, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Basic AG Lebensmittelhandel (Munich, Germany) (represented by: D. Altenburg and H. Bickel, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 11 August 2015 (Case R 2384/2013-1), relating to invalidity proceedings between Basic Lebensmittelhandel and Repsol, SA.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 August 2015 (Case R 2384/2013-1);
2. Orders EUIPO to bear its own costs and those incurred by Repsol YPF, SA;
3. Orders Basic AG Lebensmittelhandel to bear its own costs.
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1 OJ C 27, 25.1.2016.