I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(Case T-872/16) (*)
(EU trade mark - Invalidity proceedings - International registration designating the European Union - Word mark REPOWER - Absolute ground for invalidity - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) - Obligation to state reasons - Right to be heard - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) - Freedom of expression)
(2021/C 242/21)
Language of the case: French
Applicant: repowermap.org (Bern, Switzerland) (represented by: P. González-Bueno Catalán de Ocón and W. Sakulin, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Repower AG (Brusio, Switzerland) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 September 2016 (Case R 2311/2014-5) relating to invalidity proceedings between repowermap.org and Repower.
The Court:
1.Alters the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 September 2016 (Case R 2311/2014-5) in such a way as to cancel the contested mark with respect to the following services:
—Class 37: ‘Services of heating engineers’;
—Class 42: ‘Scientific services and research and development relating thereto; industrial research and analyses.’
2.Dismisses the action for the remainder;
3.Orders repowermap.org to pay, in addition to its own costs, those incurred by EUIPO and Repower AG.
(*)
Language of the case: French.
ECLI:EU:C:2021:140
* * *
(1) OJ C 30, 30.1.2017.