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Case T-759/17: Judgment of the General Court of 8 November 2018 — Perfect Bar v EUIPO (PERFECT Bar) (EU trade mark – Application for EU word mark PERFECT BAR – 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))
ECLI:EU:UNKNOWN:62017TA0759
62017TA0759
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Official Journal of the European Union
C 4/29
(Case T-759/17) (*)
(EU trade mark - Application for EU word mark PERFECT BAR - 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))
(2019/C 4/40)
Language of the case: English
Parties
Applicant: Perfect Bar LLC (San Diego, California, United States) (represented by: F. Miazzetto, J.L. Gracia Albero and E. Cebollero González, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and D. Walicka, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 September 2017 (Case R 2440/2016-4), relating to an application for registration of the figurative sign PERFECT Bar as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 September 2017 (Case R 2440/2016-4) in respect of ‘Protein supplements’ and ‘Dietary and nutritional supplements’;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(*) Language of the case: English.
(1) OJ C 22, 22.1.2018.