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Case T-622/15: Judgment of the General Court of 27 April 2017 — Deere v EUIPO (EXHAUST-GARD) (EU trade mark — Application for the EU word mark EXHAUST-GARD — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Rights of the defence — Article 75 of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0622
62015TA0622
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19.6.2017
Official Journal of the European Union
C 195/20
(Case T-622/15) (1)
((EU trade mark - Application for the EU word mark EXHAUST-GARD - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation No 207/2009 - Rights of the defence - Article 75 of Regulation (EC) No 207/2009)
(2017/C 195/27)
Language of the case: German
Parties
Applicant: Deere & Company (Wilmington, Delaware, United States) (represented initially by N. Weber and T. Heitmann, and subsequently by N. Weber, lawyers)
Defendant: European Union Intellectual Property Office (represented by: H. Kunz, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 September 2015 (Case R 196/2014-4), concerning an application for registration of the word sign EXHAUST-GARD as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Deere & Company to pay the costs.
(1) OJ C 7, 11.1.2016.