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:
|
2. |
Dismisses the action as to the remainder; |
3. |
Orders ABB AB and EUIPO to each bear their own costs. |