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Case T-842/16: Judgment of the General Court of 28 April 2021 — Repower v EUIPO — repowermap.org (REPOWER) (EU trade mark — Invalidity proceedings — International registration designating the European Union — Word mark REPOWER — Absolute ground for invalidity — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62016TA0842
62016TA0842
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Official Journal of the European Union
C 242/16
(Case T-842/16) (*)
(EU trade mark - Invalidity proceedings - International registration designating the European Union - Word mark REPOWER - Absolute ground for invalidity - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - Obligation to state reasons - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))
(2021/C 242/20)
Language of the case: French
Parties
Applicant: Repower AG (Brusio, Switzerland) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: repowermap.org (Bern, Switzerland) (represented by: P. González-Bueno Catalán de Ocón and W. Sakulin, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 September 2016 (Case R 2311/2014-5) relating to invalidity proceedings between repowermap.org and Repower.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 September 2016 (Case R 2311/2014-5) in so far as the application for a declaration of invalidity has been upheld in respect of voice tubes in Class 9;
2.Dismisses the action for the remainder;
3.Orders Repower AG to bear, in addition to its own costs, those incurred by EUIPO and repowermap.org.
(*) Language of the case: French.