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Case T-193/18: Judgment of the General Court of 24 March 2021 — Andreas Stihl v EUIPO — Giro Travel Company (Combination of the colours grey and orange) (EU trade mark — Invalidity proceedings — EU mark consisting of a combination of the colours grey and orange — Absolute ground for refusal — Article 4 and Article 7(1)(a) of Regulation No 40/94 (now Article 7(1)(a) of Regulation (EU) 2017/1001) — Sufficiently clear and precise graphic representation — Requirement for a systematic arrangement associating the colours in a predetermined and uniform way)
ECLI:EU:UNKNOWN:62018TA0193
62018TA0193
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Official Journal of the European Union
C 217/37
(Case T-193/18) (*)
(EU trade mark - Invalidity proceedings - EU mark consisting of a combination of the colours grey and orange - Absolute ground for refusal - Article 4 and Article 7(1)(a) of Regulation No 40/94 (now Article 7(1)(a) of Regulation (EU) 2017/1001) - Sufficiently clear and precise graphic representation - Requirement for a systematic arrangement associating the colours in a predetermined and uniform way)
(2021/C 217/47)
Language of the case: English
Parties
Applicant: Andreas Stihl AG & Co. KG (Waiblingen, Germany) (represented by: S. Völker, M. Pemsel and C. Eulenpesch, lawyers)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Giro Travel Company SRL (Roman, Romania) (represented by: C. Frisch, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 23 January 2018 (Case R 200/2017-2) relating to invalidity proceedings between Giro Travel Company and Andreas Stihl.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 January 2018 (Case R 200/2017-2);
2.Orders EUIPO to bear its own costs and to pay those incurred by Andreas Stihl AG & Co. KG;
3.Orders Giro Travel Company SRL to bear its own costs.
(*)
Language of the case: English
* * *