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12.2.2018 |
EN |
Official Journal of the European Union |
C 52/26 |
Judgment of the General Court of 14 December 2017 — bet365 Group Ltd v EUIPO — Hansen (BET 365)
(Case T-304/16) (1)
((EU trade mark - Invalidity proceedings - EU word mark BET 365 - Absolute ground for refusal - Distinctive character acquired through use - Proof - Use of the mark for a number of purposes - Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001)))
(2018/C 052/36)
Language of the case: English
Parties
Applicant: bet365 Group Ltd (Stoke-on-Trent, United Kingdom) (represented by S. Malynicz QC, and by R. Black and J. Bickle, Solicitors)
Defendant: European Union Intellectual Property Office (represented by S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Robert Hansen (Munich, Germany) (represented by M. Pütz-Poulalion, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2016 (Case R 3243/2014-5) relating to invalidity proceedings between Mr Hansen and bet365 Group.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 March 2016 (Case R 3243/2014-5) in so far as it concerns the services in Class 41 listed in the registration of the EU trade mark BET 365; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders each party to bear its own costs. |