29.6.2020

Official Journal of the European Union

C 215/37

(Case T-86/19) (*)

(EU trade mark - Invalidity proceedings - EU word mark BIO-INSECT Shocker - Absolute ground for refusal - Mark of such a nature as to deceive the public - Article 7(1)(g) of Regulation (EC) No 207/2009)

(2020/C 215/46)

Language of the case: German

Parties

Applicant: SolNova AG (Zollikon, Switzerland) (represented by: P. Lee, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Söder, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Canina Pharma GmbH (Hamm, Germany) (represented by: O. Bischof, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 11 December 2018 (Case R 276/2018-2), concerning invalidity proceedings between SolNova and Canina Pharma.

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 11 December 2018 (Case R 276/2018-2) in so far as it concerns ‘biocidal preparations for use in manufacture; chemical preparations for use in the manufacture of biocides; additives, chemical, to insecticides’, in class 1 and ‘disinfectants; vermin destroying preparations; parasiticides; bacteriological preparations for medical and veterinary use; nutritional supplements; medicinal sprays; antibacterial sprays; anti-inflammatory sprays; insecticides; insect attractants; anti-insect spray; insect repellents; preparations for destroying insects; insect growth regulators; tissues impregnated with insect repellents; powders for killing fleas; flea sprays; flea collars; flea exterminating preparations; animal flea collars; powders for killing fleas on animals; biocides; animal repellent formulations; veterinary preparations; veterinary diagnostic reagents; veterinary vaccines; food supplements for veterinary use; sanitary preparations for veterinary use’, in Class 5;

2.The action is dismissed for the remainder;

3.Orders Canina Pharma GmbH to bear, in addition to its own costs, half of the costs incurred by SolNova AG before the General Court and the costs necessarily incurred by it for the purposes of the proceedings before the Board of Appeal of the EUIPO;

4.Orders SolNova to bear half of its own costs before the General Court;

5.Orders EUIPO to bear its own costs.

(*) Language of the case: German.