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Case T-3/21: Judgment of the General Court of 6 October 2021 — Power Horse Energy Drinks v EUIPO — Robot Energy Europe (UNSTOPPABLE) (EU trade mark — Invalidity proceedings — EU word mark UNSTOPPABLE — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Lack of descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62021TA0003
62021TA0003
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29.11.2021
Official Journal of the European Union
C 481/29
(Case T-3/21) (*)
(EU trade mark - Invalidity proceedings - EU word mark UNSTOPPABLE - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Lack of descriptive character - Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001))
(2021/C 481/41)
Language of the case: German
Parties
Applicant: Power Horse Energy Drinks GmbH (Linz, Austria) (represented by: M. Woller, lawyer)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Robot Energy Europe (Mijas, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 6 October 2020 (Case R 232/2020-2), relating to invalidity proceedings between Power Horse Energy Drinks and Robot Energy Europe.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Power Horse Energy Drinks GmbH to pay the costs.
(*)
Language of the case: German
OJ C 62, 22.2.2021.