# C_2019413EN.01004501.xml

| 9.12.2019 | EN | Official Journal of the European Union | C 413/45 |
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9.12.2019

EN

Official Journal of the European Union

C 413/45

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Judgment of the General Court of 24 September 2019 — Crédit mutuel Arkéa v EUIPO — Confédération nationale du Crédit mutuel (Crédit Mutuel)

(Case T-13/18) (1)

(EU trade mark - Invalidity proceedings - EU word mark Crédit Mutuel - Absolute grounds for refusal - Descriptive character - No distinctive character - Distinctive character acquired through use - Cross-claim - Article 7(1)(b) and (c), and Article 7(3) of Regulation (EU) 2017/1001 - Article 59(1)(a) and Article 59(2) of Regulation 2017/1001)

(2019/C 413/53)

Language of the case: French

Parties

Applicant: Crédit Mutuel Arkéa (Le Relecq Kerhuon, France) (represented by: A. Casalonga, L. Codevelle and C. Bercial Arias, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Confédération nationale du Crédit mutuel (Paris, France) (represented by: B. Moreau-Margotin and M. Merli, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 November 2017 (Case R 1724/2016-5), relating to invalidity proceedings between Crédit Mutuel Arkéa and Confédération nationale du Crédit mutuel.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 November 2017 (Case R 1724/2016-5) in so far as it concludes that the contested mark acquired distinctive character through use for the goods and services for which it was descriptive and non-distinctive; |
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1.

Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 November 2017 (Case R 1724/2016-5) in so far as it concludes that the contested mark acquired distinctive character through use for the goods and services for which it was descriptive and non-distinctive;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Dismisses the cross-claim; |
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3.

Dismisses the cross-claim;

| 4. | Orders Crédit Mutuel Arkéa to bear a third of its own costs and to pay a third of the costs incurred by EUIPO and Confédération nationale du Crédit mutuel in the main action; |
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4.

Orders Crédit Mutuel Arkéa to bear a third of its own costs and to pay a third of the costs incurred by EUIPO and Confédération nationale du Crédit mutuel in the main action;

| 5. | Orders EUIPO to pay two thirds of its own costs and two thirds of the costs incurred by the applicant in the main action; |
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5.

Orders EUIPO to pay two thirds of its own costs and two thirds of the costs incurred by the applicant in the main action;

| 6. | Orders Confédération nationale du Crédit mutuel to bear two thirds of its own costs incurred in the main action and the costs incurred in the cross-claim. |
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6.

Orders Confédération nationale du Crédit mutuel to bear two thirds of its own costs incurred in the main action and the costs incurred in the cross-claim.

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(1)  OJ C 94, 12.3.2018.

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