(EU trade mark– Application for EU word mark SOILXPLORER– Absolute ground for refusal– Descriptive character– Article7(1)(c) of Regulation (EU) 2017/1001

41Under Article134(1) of the Rules of Procedure of the General Court, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the applicant has been unsuccessful, it must be ordered to pay the costs, in accordance with the form of order sought by EUIPO.

On those grounds,

THE GENERAL COURT (Fifth Chamber)

hereby:

1.Dismisses the action;

2.Orders CNH Industrial NV to pay the costs.

Delivered in open court in Luxembourg on 26January 2022.

*Language of the case: English.