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12.7.2021 |
EN |
Official Journal of the European Union |
C 278/41 |
Judgment of the General Court of 2 June 2021 — Franz Schröder v EUIPO — RDS Design (MONTANA)
(Case T-855/19) (1)
(EU trade mark - Invalidity proceedings - International registration designating the European Union - Figurative 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 278/56)
Language of the case: English
Parties
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)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 October 2019 (Case R 1006/2019-4), relating to invalidity proceedings between Franz Schröder and RDS Design.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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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); |
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3. |
Orders RDS Design ApS to bear its own costs. |