# C_2019044EN.01003001.xml

| 4.2.2019 | EN | Official Journal of the European Union | C 44/30 |
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4.2.2019

EN

Official Journal of the European Union

C 44/30

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Judgment of the General Court of 29 November 2018 — Out of the blue v EUIPO — Dubois and MFunds USA (FUNNY BANDS)

(Case T-214/17) (1)

((EU trade mark - Invalidity proceedings - EU word mark FUNNY BANDS - Absolute grounds for refusal - Article 7(1)(b) and (c) and Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and Article 59(1)(a) of Regulation (EU) 2017/1001)))

(2019/C 44/38)

Language of the case: English

Parties

Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt, V. Töbelmann and A. Zarm, lawyers)

Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, J. Ivanauskas and D. Walicka, acting as Agents)

Other parties to the proceedings before the Board of Appeal of EUIPO: Frédéric Dubois (Lasne, Belgium), MFunds USA LLC (Miami Beach, Florida, United States)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 20 January 2017 (Case R 1081/2016-2) concerning invalidity proceedings between Out of the blue, of the one part, and Frédéric Dubois and MFunds USA, of the other part.

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 20 January 2017 (Case R 1081/2016-2), in so far as it dismissed the appeal against the decision of the Cancellation Division to reject the application for a declaration of invalidity of the EU word mark FUNNY BANDS for ‘precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, jewellery; rings (jewellery); rings (jewellery); bracelets (jewellery); necklaces (jewellery); novelty key rings’ in Class 14, ‘rubber, gutta-percha, gum and products made of those materials, not included in other classes; flexible pipes, not of metal; rubber rings; unworked or semi-worked rubber; cords of rubber’ in Class 17 and ‘services of wholesale and retail of precious metals and their alloys and goods in precious metals or coated therewith, jewellery, rings (jewellery), rings (jewellery), bracelets (jewellery), necklaces (jewellery), rubber, gutta-percha, gum and goods made from these materials, flexible pipes, not of metal’ in Class 35; |
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1.

Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 January 2017 (Case R 1081/2016-2), in so far as it dismissed the appeal against the decision of the Cancellation Division to reject the application for a declaration of invalidity of the EU word mark FUNNY BANDS for ‘precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, jewellery; rings (jewellery); rings (jewellery); bracelets (jewellery); necklaces (jewellery); novelty key rings’ in Class 14, ‘rubber, gutta-percha, gum and products made of those materials, not included in other classes; flexible pipes, not of metal; rubber rings; unworked or semi-worked rubber; cords of rubber’ in Class 17 and ‘services of wholesale and retail of precious metals and their alloys and goods in precious metals or coated therewith, jewellery, rings (jewellery), rings (jewellery), bracelets (jewellery), necklaces (jewellery), rubber, gutta-percha, gum and goods made from these materials, flexible pipes, not of metal’ in Class 35;

| 2. | Dismisses the remainder of the action; |
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2.

Dismisses the remainder of the action;

| 3. | Orders each party to bear its own costs. |
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3.

Orders each party to bear its own costs.

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(1)  OJ C 178, 6.6.2017.

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