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Case T-133/19: Judgment of the General Court of 25 June 2020 — Off-White v EUIPO (OFF-WHITE) (EU trade mark — Application for EU figurative mark OFF-WHITE — Partial rejection of the application for registration — Absolute grounds for refusal — Descriptive character — No distinctive character — Name of a colour — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62019TA0133
62019TA0133
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31.8.2020
Official Journal of the European Union
C 287/32
(Case T-133/19) (*)
(EU trade mark - Application for EU figurative mark OFF-WHITE - Partial rejection of the application for registration - Absolute grounds for refusal - Descriptive character - No distinctive character - Name of a colour - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
(2020/C 287/50)
Language of the case: English
Parties
Applicant: Off-White LLC (Springfield, Illinois, United States) (represented by: M. Decker, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Crawcour, J. Crespo Carrillo and H. O’Neill, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 14 December 2018 (Case R-580/2018-2), concerning an application for registration of the figurative sign OFF-WHITE as an EU trade mark.
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 14 December 2018 (Case R-580/2018-2), in so far as it refused registration as an EU trade mark of the figurative sign OFF-WHITE in respect of the goods in Classes 9 and 20 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and for ‘watches; wall clocks; horological and chronometric instruments; watch bands; watch cases; presentation boxes for watches; jewelry cases’ and ‘precious stones, semi-precious stones’ in Class 14;
2.Orders EUIPO to bear its own costs and to pay those incurred by Off-White LLC, including the expenses necessarily incurred for the purpose of the appeal proceedings before the Board of Appeal of EUIPO.
(*)
Language of the case: English.
* * *
(*) Language of the case: English.