Judgment of the General Court of 27 March 2019 — Biernacka-Hoba v EUIPO — Formata Bogusław Hoba (Formata)

(Case T-265/18) (1)

(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))

(2019/C 164/50)

Language of the case: Polish

Parties

Applicant: Illona Biernacka-Hoba (Aleksandrów Łódzki, Poland) (represented by: R. Rumpel, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Formata Bogusław Hoba (Aleksandrów Łódzki, Poland)

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 of the judgment

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.

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(1)  OJ C 231, 2.7.2018.