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Case T-261/21: Judgment of the General Court of 4 May 2022 — Sturz v EUIPO — Clatronic International (STEAKER) (EU trade mark — Invalidity proceedings — EU word mark STEAKER — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character — Article 52(1)(a) of Regulation No 207/2009 (now Article 59(1)(a) of Regulation 2017/1001) — Right to be heard — Article 94(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62021TA0261
62021TA0261
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Valentina R., lawyer
11.7.2022
Official Journal of the European Union
C 266/23
(Case T-261/21) (*)
(EU trade mark - Invalidity proceedings - EU word mark STEAKER - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - No distinctive character - Article 52(1)(a) of Regulation No 207/2009 (now Article 59(1)(a) of Regulation 2017/1001) - Right to be heard - Article 94(1) of Regulation 2017/1001)
(2022/C 266/26)
Language of the case: German
Parties
Applicant: Manfred Sturz (Schorndorf, Germany) (represented by: B. Bittner, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl and D. Hanf, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Clatronic International GmbH (Kempen, Germany) (represented by: V. Herbort, lawyer)
Re:
By his action under Article 263 TFEU, the applicant seeks annulment of the decision of the Second Board of Appeal of EUIPO of 4 March 2021 (Case R 214/2020-2) concerning an application for registration of the word sign STEAKER as an EU trade mark, by which the Board of Appeal found that the mark applied for was descriptive of the goods in question.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Manfred Sturz to pay the costs.
(*)
OJ C 289, 19.7.2021.