Case T-188/17: Judgment of the General Court of 4 May 2018 — Bernard Krone Holding v EUIPO (Coil Liner) (EU trade mark — Application for EU word mark Coil Liner — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001))
Judgment of the General Court of 4 May 2018 — Bernard Krone Holding v EUIPO (Coil Liner)
(Case T-188/17) ( 1 )
‛(EU trade mark — Application for EU word mark Coil Liner — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001))’
2018/C 221/25Language of the case: GermanParties
Applicant: Bernard Krone Holding SE & Co. KG (Spelle, Germany) (represented by: T. Weeg and K. Lüken, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer and W. Schramek, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 9 January 2017 (Case R 443/2016 –1) concerning an application for registration of the word mark Coil Liner as an EU trade mark.
Operative part of the judgment
The Court:
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1. |
Annuls paragraph 2 of the operative part of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 January 2017 (Case R 443/2016–1); |
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2. |
Orders EUIPO to bear its own costs and to pay those incurred by Bernard Krone Holding SE & Co. KG in the proceedings before the General Court. |
( 1 ) OJ C 161, 22.5.2017.