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Case T-627/21: Judgment of the General Court of 7 September 2022 — Segimerus v EUIPO — Karsten Manufacturing (MONSOON) (EU trade mark — Invalidity proceedings — EU word mark MONSOON — Absolute ground for invalidity — Article 59(1)(b) of Regulation (EU) 2017/1001 — Article 94 of Regulation 2017/1001 — Article 34 of Regulation 2017/1001)

ECLI:EU:UNKNOWN:62021TA0627

62021TA0627

September 7, 2022
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Valentina R., lawyer

31.10.2022

Official Journal of the European Union

C 418/31

(Case T-627/21) (*)

(EU trade mark - Invalidity proceedings - EU word mark MONSOON - Absolute ground for invalidity - Article 59(1)(b) of Regulation (EU) 2017/1001 - Article 94 of Regulation 2017/1001 - Article 34 of Regulation 2017/1001)

(2022/C 418/41)

Language of the case: German

Parties

Applicant: Segimerus Ltd (London, United Kingdom) (represented by: G. Donath, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Karsten Manufacturing Corp. (Phoenix, Arizona, United States) (represented by: M. Körner, lawyer)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 July 2021 (Case R 1125/2020-4).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Segimerus Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and Karsten Manufacturing Corp.

(*)

Language of the case: German.

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