Judgment of the General Court of 20 October 2021 – Standardkessel Baumgarte Holding v EUIPO (Standardkessel)
(Case T-617/20) 1
(EU trade mark – Application for EU word mark Standardkessel – Absolute grounds for refusal – No descriptive character – Distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Language of the case: German
Parties
Applicant: Standardkessel Baumgarte Holding GmbH (Duisburg, Germany) (represented by: J. Vogtmeier, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Bosse and E. Markakis, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 27 July 2020 (Case R 2665/2019-1), concerning an application for registration of word mark Standardkessel as an EU trade mark.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 July 2020 (Case R 2665/2019-1) as regards ‘common metals and their alloys; unprocessed and semi-processed materials of metal, not specified for use; metal materials for building and construction (non-electric)’ in Class 6, ‘elevating apparatus (machines), cranes’ in Class 7 and ‘rental of generators; recycling of waste and trash’ and ‘incineration of waste and trash; recycling of waste and valuable materials; recycling of chemicals; waste treatment (transformation); sorting of waste and recyclable material (transformation)’ in Class 40 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
2. Dismisses the action as to the remainder;
3. Orders each party to bear their own costs.
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1 OJ C 414, 30.11.2020.