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Case T-801/19: Order of the General Court of 2 September 2020 — DTE Systems v EUIPO Speed-Buster (PedalBox +) (Action for annulment — EU trade mark — Invalidity proceedings — EU word mark PedalBox + — Absolute ground for refusal — Descriptive character — Misuse of rights — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law)
ECLI:EU:UNKNOWN:62019TB0801
62019TB0801
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3.11.2020
Official Journal of the European Union
C 371/15
(Case T-801/19) (*)
(Action for annulment - EU trade mark - Invalidity proceedings - EU word mark PedalBox + - Absolute ground for refusal - Descriptive character - Misuse of rights - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action manifestly unfounded in law)
(2020/C 371/16)
Language of the case: German
Parties
Applicant: DTE Systems GmbH (Recklinghausen, Germany) (represented by: U. Vietmeyer, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Speed-Buster GmbH & Co. KG (Sinzig, Germany) (represented by: C. Gries, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 5 September 2019 (Case R 1934/2018-1), relating to invalidity proceedings between Speed-Buster and DTE Systems.
Operative part of the order
1.The action is dismissed.
2.DTE Systems GmbH shall pay the costs.
(*)
Language of the case: German
OJ C 27, 27.1.2020.
* * *
Language of the case: German