Judgment of the General Court of 23 September 2020 – PE Digital v EUIPO – Spark Networks Services (ElitePartner)
(Case T-36/19) 1
(EU trade mark – Invalidity proceedings – Figurative EU trade mark ElitePartner – Absolute grounds for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons)
Language of the case: German
Parties
Applicant: PE Digital GmbH (Hamburg, Germany) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Spark Networks Services GmbH (Berlin, Germany) (represented by: C. Brennecke and J. Gräbig, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 25 October 2018 (Case R 614/2017-1), relating to invalidity proceedings between Spark Networks Services and PE Digital.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders PE Digital GmbH to pay the costs, including those incurred by Spark Networks Services GmbH in the proceedings before the First Board of Appeal of the European Union Intellectual Property Office (EUIPO).
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1 OJ C 93, 11. 3. 2019.