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17.6.2019 |
EN |
Official Journal of the European Union |
C 206/40 |
Judgment of the General Court of 11 April 2019 — Adapta Color v EUIPO — Coatings Foreign IP (Rustproof System ADAPTA)
(Case T-226/17) (1)
(EU trade mark - Invalidity proceedings - European Union word mark Rustproof system ADAPTA - Partial declaration of invalidity by the Board of Appeal - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2007/1001) - No distinctive character acquired by use - Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) - Infringement of the right to be heard - Obligation to state reasons - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) - Evidence submitted for the first time before the Court)
(2019/C 206/44)
Language of the case: English
Parties
Applicant: Adapta Color, SL (Peñiscola, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, A. Söder and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Coatings Foreign IP Co. LLC (Wilmington, Delaware, United States) (represented by: A. Rajendra, Solicitor, and by S. Malynicz QC)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 February 2017 (Case R 2408/2015-5), relating to invalidity proceedings between Coatings Foreign IP and Adapta Color.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Adapta Color, SL to pay the costs. |