Beko plc v European Union Intellectual Property Office

European Union – Trade marks. The Fifth Board of Appeal of the European Union Intellectual Property Office (the Board) had failed to take into account all aspects of the situation of the applicant company, established in the UK, so that in appraising the interests of that company the Board had not looked at the whole picture and had not properly weighed the various interests involved. Consequently, the General Court of the European Union held that the Board's refusal to suspend the applicant's appeal proceedings in relation to opposition proceedings between the applicant and the intervener company regarding the applicant's application to register a figurative sign 'ALTUS' as an EU trade mark, was vitiated by an error of law and by manifest errors of assessment. Accordingly, the Board's decision was annulled.

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