Judgment_paragraph 21 · KUKA Roboter GmbH v European Union Intellectual Property Office (T-97/08)

21The applicant also disputes the Board of Appeal’s finding that the mark applied for is very similar to the colour of minium, an anti-corrosion agent. First, the colours in question are clearly different. Secondly, the use of minium is prohibited by Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ 2003 L 37, p. 19). Finally, the applicant’s robots consist essentially of cast aluminium which does not require anti-corrosion treatment.

KUKA Roboter GmbH v European Union Intellectual Property Office (T-97/08)

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