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-854/19) (*)
(EU trade mark - Invalidity proceedings - EU word mark MONTANA - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - Right to be heard - Article 94(1) of Regulation 2017/1001 - Examination of the facts by EUIPO of its own motion - Admission of evidence submitted for the first time before the Board of Appeal - Article 95(1) and (2) of Regulation 2017/1001)
(2021/C 278/55)
Language of the case: English
Applicant: Franz Schröder GmbH & Co. KG (Delbrück, Germany) (represented by: L. Pechan and N. Fangmann, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: RDS Design ApS (Allerød, Denmark) (represented by: J. Viinberg, lawyer)
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 October 2019 (Case R 2393/2018-4), relating to invalidity proceedings between Franz Schröder and RDS Design.
The Court:
1.Dismisses the action;
2.Orders Franz Schröder GmbH & Co. KG to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders RDS Design ApS to bear its own costs.
(*)
Language of the case: English
OJ C 54, 17.2.2020.