Source: EURLEX
Language: en
Format: md

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| 3.6.2019 | EN | Official Journal of the European Union | C 187/67 |

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Judgment of the General Court of 11 April 2019 — Adapta Color v EUIPO — Coatings Foreign IP (ADAPTA POWDER COATINGS)

(Case T-223/17) [(1)](#ntr1-C_2019187EN.01006701-E0001)

(EU trade mark - Invalidity proceedings - European Union figurative mark ADAPTA POWDER COATINGS - 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 187/71)

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 2522/2015-5), 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. |

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