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Case T-90/15: Judgment of the General Court of 16 March 2016 — Schoeller Corporation v OHIM — Sqope (SCOPE) (Community trade mark — Invalidity proceedings — Community word mark SCOPE — Absolute grounds for refusal — Descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62015TA0090
62015TA0090
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Official Journal of the European Union
C 156/40
(Case T-90/15)(1)
((Community trade mark - Invalidity proceedings - Community word mark SCOPE - Absolute grounds for refusal - Descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Article 52(1)(a) of Regulation No 207/2009))
(2016/C 156/53)
Language of the case: German
Parties
Applicant: Schoeller Corporation GmbH (Berlin, Germany) (represented by: D. van Ackeren, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Sqope SA (Luxembourg, Luxembourg) (represented: M.-C. Simon, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 21 November 2014 (Case R 2381/2013-1), relating to invalidity proceedings between Sqope SA and Schoeller Corporation GmbH.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 November 2014 (Case R 2381/2013-1);
2.Orders OHIM and Sqope SA to bear their own costs and to pay those incurred by Schoeller Corporation GmbH.
OJ C 118, 13.4.2015.