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Case T-204/21: Judgment of the General Court of 9 March 2022 — Stryker v EUIPO (RUGGED) (EU trade mark — International registration designating the European Union — Word mark RUGGED — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001) — Competence of the Board of Appeal — Article 71 of Regulation 2017/1001 — Obligation to state reasons — Article 94(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62021TA0204
62021TA0204
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16.5.2022
Official Journal of the European Union
C 198/44
(Case T-204/21)
(EU trade mark - International registration designating the European Union - Word mark RUGGED - Absolute ground for refusal - No distinctive character acquired through use - Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001) - Competence of the Board of Appeal - Article 71 of Regulation 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)
(2022/C 198/62)
Language of the case: English
Parties
Applicant: Stryker Corp. (Kalamazoo, Michigan, United States) (represented by: I. Fowler, I. Junkar and B. Worbes, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 January 2021 (Case R 370/2020-5), relating to the international registration designating the European Union in respect of the word mark RUGGED.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Stryker Corp. is to pay the costs.
OJ C 217, 7.6.2021.