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Case T-869/16: Judgment of the General Court of 23 January 2018 — Wenger v EUIPO — Swissgear (SWISSGEAR) (EU trade mark — Invalidity proceedings — EU word mark SWISSGEAR — Absolute grounds for refusal — No distinctive character — Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Article 52(1)(a) and Article 76 of Regulation No 207/2009 (now Article 59(1)(a) and Article 95 of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62016TA0869
62016TA0869
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Official Journal of the European Union
C 83/20
(Case T-869/16)(1)
((EU trade mark - Invalidity proceedings - EU word mark SWISSGEAR - Absolute grounds for refusal - No distinctive character - Descriptiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) - Article 52(1)(a) and Article 76 of Regulation No 207/2009 (now Article 59(1)(a) and Article 95 of Regulation 2017/1001)))
(2018/C 083/31)
Language of the case: English
Parties
Applicant: Wenger SA (Delémont, Switzerland) (represented by: K. Ikas and A. Sulovsky, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Swissgear Sàrl (Baar, Switzerland) (represented by: J. Hacke, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 September 2016 (Case R 2098/2015-5), relating to invalidity proceedings between Swissgear and Wenger.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Wenger SA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Swissgear Sàrl.
OJ C 38, 6.2.2017.
Language of the case: English