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Case T-650/21: Judgment of the General Court of 22 March 2023 — Casa International v EUIPO — Interstyle (casa) (EU trade mark — Invalidity proceedings — EU figurative mark casa — Absolute ground for invalidity — No distinctive character — 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) — No distinctive character acquired through use — Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62021TA0650
62021TA0650
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Official Journal of the European Union
C 179/36
(Case T-650/21) (*)
(EU trade mark - Invalidity proceedings - EU figurative mark casa - Absolute ground for invalidity - No distinctive character - 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) - No distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 2017/1001))
Language of the case: English
Parties
Applicant: Casa International (Olen, Belgium) (represented by: F. Cornette and T. Poels-Ryckeboer, lawyers)
Defendant: European Union Intellectual Property Office (represented by: K. Doherty and E. Markakis, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Interstyle BV (Utrecht, Netherlands) (represented by: A. Verbeek, lawyer)
Re:
By its action based on Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 July 2021 (Case R 1280/2020-2).
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 July 2021 (Case R 1280/2020-2) in so far as it dismissed the appeal filed by Casa International as regards the following goods in Class 16: ‘Paper, cardboard and goods made from these materials, not included in other classes; printed matter; stationery; adhesives for stationery or household purposes; artists’ materials; brushes; typewriters and office requisites (except furniture); [instructional and teaching materials (except apparatus)]; plastic materials for packing (not included in other classes); printing types; [printing blocks]’;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(*)
Language of the case: English
(1) OJ C 490, 6.12.2021.
* * *
Language of the case: English