Judgment of the General Court (Third Chamber) of 2 June 2021

Franz Schröder GmbH & Co. KG v European Union Intellectual Property Office

EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark MONTANA – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 40/94 (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

Case T-856/19

Reports of Cases

published in the electronic Reports of Cases (Court Reports - general - 'Information on unpublished decisions' section)

(Contested decision: R 2394/2018-4)

• (Appeal Case before the Court of Justice C-475/21 P)