This document is an excerpt from the EUR-Lex website
Document 62018TA0373
Case T-373/18: Judgment of the General Court of 4 April 2019 — ABB AB v EUIPO (FLEXLOADER) (European Union trade mark — Application for EU word mark FLEXLOADER — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Neologism — Insufficiently direct and specific connection with certain goods and services covered by the mark applied for)
Case T-373/18: Judgment of the General Court of 4 April 2019 — ABB AB v EUIPO (FLEXLOADER) (European Union trade mark — Application for EU word mark FLEXLOADER — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Neologism — Insufficiently direct and specific connection with certain goods and services covered by the mark applied for)
Case T-373/18: Judgment of the General Court of 4 April 2019 — ABB AB v EUIPO (FLEXLOADER) (European Union trade mark — Application for EU word mark FLEXLOADER — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Neologism — Insufficiently direct and specific connection with certain goods and services covered by the mark applied for)
OJ C 182, 27.5.2019, p. 32–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 04/04/2019
- Date lodged:
- 19/06/2018
- Author:
- General Court
- Form:
- Judicial information
- Authentic language:
- German
- Type of procedure:
- Action for annulment - successful, Action for annulment - unfounded
- Defendant:
- European Union Intellectual Property Office
- Link
- Select all documents mentioning this document
- Case affecting:
-
- Related EU case-law document 62018TJ0373
- Instruments cited in case law:
- Link
- EUROVOC descriptor:
|
27.5.2019 |
EN |
Official Journal of the European Union |
C 182/32 |
Judgment of the General Court of 4 April 2019 — ABB AB v EUIPO (FLEXLOADER)
(Case T-373/18) (1)
(European Union trade mark - Application for EU word mark FLEXLOADER - Absolute grounds for refusal - Lack of descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Neologism - Insufficiently direct and specific connection with certain goods and services covered by the mark applied for)
(2019/C 182/36)
Language of the case: German
Parties
Applicant: ABB AB (Västerås, Sweden) (represented by: M. Hartmann and S. Fröhlich, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf and W. Schramek, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 29 March 2018 (Case R 93/2018-1), concerning an application for registration of the word sign FLEXLOADER as an EU trade mark.
Operative part of the judgment
The Court:
|
1. |
Annuls the decision of the First Board of Appeal of EUIPO of 29 March 2018 (Case R 93/2018-1) in so far as it refused registration of the word sign FLEXLOADER for:
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|
2. |
Dismisses the action as to the remainder; |
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3. |
Orders ABB AB and EUIPO to each bear their own costs. |
