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Case T-285/20: Judgment of the General Court of 30 June 2021 — MCM Products v EUIPO — The Nomad Company (NOMAD) (EU trade mark — Invalidity proceedings — European Union word mark NOMAD — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62020TA0285
62020TA0285
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16.8.2021
Official Journal of the European Union
C 329/26
(Case T-285/20) (*)
(EU trade mark - Invalidity proceedings - European Union word mark NOMAD - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
(2021/C 329/33)
Language of the case: English
Parties
Applicant: MCM Products AG (Zurich, Switzerland) (represented by: S. Eichhammer, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Kondás and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: The Nomad Company BV (Zevenaar, Netherlands) (represented by: S. Tigu, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 March 2020 (Case R 854/2019-4), relating to invalidity proceedings between MCM Products and The Nomad Company.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders MCM Products AG to pay the costs.
(*) Language of the case: English.
(1) OJ C 222, 6.7.2020.