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Case T-124/20: Judgment of the General Court of 6 October 2021 — M/S. Indeutsch International v EUIPO — 135 Kirkstall (Representation of chevrons between two parallel lines) (EU trade mark — Invalidity proceedings — EU figurative mark representing chevrons between two parallel lines — Absolute ground for refusal — Sign of which an EU trade mark may consist — Article 7(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(a) of Regulation (EU) 2017/1001) — Distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Obligation to rule on the action — Article 71(1) of Regulation 2017/1001 — Cross-claim)
ECLI:EU:UNKNOWN:62020TA0124
62020TA0124
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Official Journal of the European Union
C 490/36
(Case T-124/20) (*)
(EU trade mark - Invalidity proceedings - EU figurative mark representing chevrons between two parallel lines - Absolute ground for refusal - Sign of which an EU trade mark may consist - Article 7(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(a) of Regulation (EU) 2017/1001) - Distinctive character - Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) - Obligation to rule on the action - Article 71(1) of Regulation 2017/1001 - Cross-claim)
(2021/C 490/40)
Language of the case: English
Parties
Applicant: M/S. Indeutsch International (Noida, India) (represented by: G. Glas, lawyer, D. Stone, A. Dykes, A. Leonelli, K. Hughes, Solicitors, and S. Malynicz QC)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: 135 Kirkstall, Inc., formerly Crafts Americana Group, Inc. (Vancouver, Washington, United States) (represented by: M. Edenborough QC, and J. Fish, Solicitor)
Re:
Action brought against the decision of the Grand Board of Appeal of EUIPO of 13 December 2019 (Case R 2672/2017-G), relating to invalidity proceedings between Crafts Americana Group and M/S. Indeutsch International.
Operative part of the judgment
The Court:
1.Annuls the decision of the Grand Board of Appeal of EUIPO of 13 December 2019 (Case R 2672/2017-G);
2.Declares that there is no need to adjudicate on the main action;
3.Orders M/S. Indeutsch International and the European Union Intellectual Property Office (EUIPO) to pay, in addition to their own costs, those incurred by 135 Kirkstall, Inc., formerly Crafts Americana Group, Inc., in relation to the cross-claim and the proceedings before the Board of Appeal;
4.Orders 135 Kirkstall, formerly Crafts Americana Group, to bear its own costs relating to the main action.
*
(*) Language of the case: English.
(1) OJ C 137, 27.4.2020.