1. 

EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Direction issued to the Office @ Direction addressed to the Office—Not included

(Council Regulation No 207/2009, Art. 65(6))

(see para. 13)

2. 

EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Review of the lawfulness of decisions of the Boards of Appeal—Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies—Not included

(Council Regulation No 207/2009, Art. 65)

(see para. 16)

3. 

EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service—Aim—Need to preserve availability

(Council Regulation No 207/2009, Art. 7(1)(c))

(see para. 22)

4. 

EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service—Meaning

(Council Regulation No 207/2009, Art. 7(1)(c))

(see paras 23, 24)

5. 

EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service—Assessment of the descriptive nature of a sign—Criteria

(Council Regulation No 207/2009, Art. 7(1)(c))

(see para. 25)

6. 

EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service—Figurative mark fluo.

(Council Regulation No 207/2009, Art. 7(1)(c))

(see paras 26, 34-43)

1. 

Annuls paragraph 2 of the operative part of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2016 (Case R 863/2016-2);

2. 

Orders EUIPO to bear its own costs and to pay those incurred by M & T Emporia Ilektrikon-Ilektronikon Eidon AE, including the expenses necessarily incurred for the purpose of the appeal proceedings before the Board of Appeal of EUIPO.