This document is an excerpt from the EUR-Lex website
Document 62015TJ0513
Judgment of the General Court (Ninth Chamber) of 16 February 2017.
Gruppe Nymphenburg Consult AG v European Union Intellectual Property Office.
EU trade mark — Application for the EU word mark Limbic® Map — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009.
Case T-513/15.
Judgment of the General Court (Ninth Chamber) of 16 February 2017.
Gruppe Nymphenburg Consult AG v European Union Intellectual Property Office.
EU trade mark — Application for the EU word mark Limbic® Map — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009.
Case T-513/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Ninth Chamber) of 16 February 2017 — Gruppe Nymphenburg Consult v EUIPO (Limbic® Map)
(Case T‑513/15)
(EU trade mark — Application for the EU word mark Limbic® Map — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009)
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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 — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 17, 22, 36) |
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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 — Concept — Mark composed of a word or neologism resulting from a combination of elements (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 18-21) |
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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 — Word mark Limbic® Map (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 24-28, 35-52) |
Re:
ACTION brought against the decision of the First Board of Appeal of EUIPO of 23 June 2015 (Case R 1973/2014-1), concerning an application for registration of the word sign Limbic® Map as an EU trade mark.
Operative part
The Court:
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Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 June 2015 (Case R 1973/2014-1); |
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Orders EUIPO to bear its own costs as well as those incurred by Gruppe Nymphenburg Consult AG. |