13.5.2019   

EN

Official Journal of the European Union

C 164/46


Judgment of the General Court of 28 March 2019 — Coesia v EUIPO (Representation of two oblique red curves)

(Case T-829/17) (1)

(EU trade mark - Application for an EU figurative mark representing two oblique red curves - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Obligation to state reasons - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))

(2019/C 164/48)

Language of the case: Italian

Parties

Applicant: Coesia SpA (Bologna, Italy) (represented by: S. Rizzo, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 September 2017 (Case R 1272/2017-5), regarding an application for registration of a figurative sign representing two oblique red curves as an EU trade mark.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Coesia SpA to pay the costs.


(1)  OJ C 63, 19.2.2018.