Judgment;Information — ECLI:EU:T:2021:310
Date: 2021-06-02
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

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) 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: Dismisses the action; Orders Franz Schröder GmbH & Co. KG to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO); Orders RDS Design ApS to bear its own costs. ____________ 1 OJ C 54, 17.2.2020.