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Case T-98/20: Judgment of the General Court of 10 February 2021 — Biochange Group v EUIPO — mysuperbrand (medical beauty research) (EU trade mark — Invalidity proceedings — EU word mark medical beauty research — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Lack of distinctive character — Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation 2017/1001) — Consideration of the facts — Article 95(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62020TA0098
62020TA0098
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Valentina R., lawyer
29.3.2021
Official Journal of the European Union
C 110/28
(Case T-98/20) (*)
(EU trade mark - Invalidity proceedings - EU word mark medical beauty research - Absolute grounds for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - Lack of distinctive character - Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation 2017/1001) - Consideration of the facts - Article 95(1) of Regulation 2017/1001)
(2021/C 110/31)
Language of the case: German
Parties
Applicant: Biochange Group GmbH (Bad Schlema, Germany) (represented by: C. König, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: mysuperbrand GmbH, formerly Laubender GmbH (Vienna, Austria) (represented by: M. Woller, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 8 November 2019 (Case R 114/2019-2) relating to invalidity proceedings between Laubender and Biochange Group.
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 8 November 2019 (Case R 114/2019-2) as regards ‘baby food’ in Class 5 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;
2.Dismisses the action as to the remainder;
3.Orders Biochange Group GmbH, EUIPO and mysuperbrand GmbH each to bear their own costs.
(*) Language of the case: German.
(1) OJ C 114, 6.4.2020.