2.5.2016
EN
Official Journal of the European Union
C 156/40
Judgment of the General Court of 16 March 2016 — Schoeller Corporation v OHIM — Sqope (SCOPE)
(Case T-90/15) (1)
((Community trade mark - Invalidity proceedings - Community word mark SCOPE - Absolute grounds for refusal - Descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Article 52(1)(a) of Regulation No 207/2009))
(2016/C 156/53)
Language of the case: German
Parties
Applicant: Schoeller Corporation GmbH (Berlin, Germany) (represented by: D. van Ackeren, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Sqope SA (Luxembourg, Luxembourg) (represented: M.-C. Simon, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 21 November 2014 (Case R 2381/2013-1), relating to invalidity proceedings between Sqope SA and Schoeller Corporation GmbH.
Operative part of the judgment
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 November 2014 (Case R 2381/2013-1);
2.
Orders OHIM and Sqope SA to bear their own costs and to pay those incurred by Schoeller Corporation GmbH.
(1) OJ C 118, 13.4.2015.
Full & Egal Universal Law Academy