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Case T-796/16: Judgment of the General Court of 23 September 2020 — CEDC International v EUIPO — Underberg (Shape of a blade of grass in a bottle) (EU trade mark — Opposition proceedings — Application for an EU three-dimensional mark — Shape of a blade of grass in a bottle — Earlier three-dimensional national mark — Genuine use of the earlier mark — Article 15(1) and Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 18(1) and Article 47(2) and (3) of Regulation (EU) 2017/1001) — Nature of use — Alteration of distinctive character — Use in conjunction with other marks — Scope of the protection — Requirement for clarity and precision — Requirement for the description and the representation to align with one another — Decision taken following annulment of an earlier decision by the General Court — Reference to the grounds of an earlier annulled decision — Obligation to state reasons)
ECLI:EU:UNKNOWN:62016TA0796
62016TA0796
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Official Journal of the European Union
C 390/25
(Case T-796/16) (*)
(EU trade mark - Opposition proceedings - Application for an EU three-dimensional mark - Shape of a blade of grass in a bottle - Earlier three-dimensional national mark - Genuine use of the earlier mark - Article 15(1) and Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 18(1) and Article 47(2) and (3) of Regulation (EU) 2017/1001) - Nature of use - Alteration of distinctive character - Use in conjunction with other marks - Scope of the protection - Requirement for clarity and precision - Requirement for the description and the representation to align with one another - Decision taken following annulment of an earlier decision by the General Court - Reference to the grounds of an earlier annulled decision - Obligation to state reasons)
(2020/C 390/35)
Language of the case: English
Parties
Applicant: CEDC International sp. z o.o. (Oborniki Wielkopolskie, Poland) (represented by: M. Siciarek, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Underberg AG (Dietlikon, Switzerland) (represented by: A. Renck, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 August 2016 (Case R 1248/2015 4) relating to opposition proceedings between CEDC International and Underberg.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 August 2016 (Case R 1248/2015 4) in respect of the grounds of opposition set out in Article 8(3) and (4) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark;
2.Dismisses the action as to the remainder;
3.Orders CEDC International sp. z o.o., EUIPO and Underberg AG to bear their own costs.
(*)
Language of the case: English
ECLI:EU:C:2020:140