Judgment of the General Court of 30 June 2021 – MCM Products v EUIPO – The Nomad Company (NOMAD)
(Case T-285/20) 1
(EU trade mark – Invalidity proceedings – European Union word mark NOMAD – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Language of the case: English
Parties
Applicant: MCM Products AG (Zurich, Switzerland) (represented by: S. Eichhammer, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Kondás and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: The Nomad Company BV (Zevenaar, Netherlands) (represented by: S. Tigu, lawyer
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 March 2020 (Case R 854/2019-4), relating to invalidity proceedings between MCM Products and The Nomad Company.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders MCM Products AG to pay the costs.
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1 OJ C 222, 6.7.2020.