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Case T-738/19: Judgment of the General Court of 23 September 2020 — Clouds Sky v EUIPOEUIPO — The Cloud Networks (Wi-Fi Powered by The Cloud) (EU trade mark — Invalidity proceedings — EU figurative mark Wi-Fi Powered by The Cloud — 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) — No descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62019TA0738
62019TA0738
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16.11.2020
Official Journal of the European Union
C 390/36
(Case T-738/19)
(EU trade mark - Invalidity proceedings - EU figurative mark Wi-Fi Powered by The Cloud - 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) - No descriptive character - Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001))
(2020/C 390/52)
Language of the case: English
Parties
Applicant: Clouds Sky GmbH (Cologne, Germany) (represented by: C. Weil, lawyer)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: The Cloud Networks Ltd (London, United Kingdom)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 September 2019 (Case R 696/2019-5) relating to invalidity proceedings between Clouds Sky and The Cloud Networks.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Clouds Sky GmbH to pay the costs.
OJ C 10, 13.1.2020.