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K & L Ruppert Stiftung & Co. Handels-KG (“Ruppert”) lodged an opposition against the registration of a figurative mark by three Portuguese individuals under Article 8(1)(b) based on earlier German and international marks
The reference was made in proceedings between Falco Privatstiftung (“F”) a foundation established in Vienna and Mr Rabitsch (“R”) residing in Vienna and Ms Weller-Lindhorst (“ML”) domiciled in Munich
The ECJ upheld the CFI’s finding that the mark was devoid of any distinctive character (Article 7(1)(b)) and was descriptive of the relevant goods and services (Article 7(1)(c
