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Case T-218/16: Judgment of the General Court of 16 May 2017 — Mühlbauer Technology v EUIPO (Magicrown) (EU trade mark — Application for EU word mark Magicrown — Absolute grounds for refusal — Lack of distinctive character — Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62016TA0218

62016TA0218

May 16, 2017
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10.7.2017

Official Journal of the European Union

C 221/21

(Case T-218/16)(1)

((EU trade mark - Application for EU word mark Magicrown - Absolute grounds for refusal - Lack of distinctive character - Descriptiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2017/C 221/28)

Language of the case: German

Parties

Applicant: Mühlbauer Technology GmbH (Hamburg, Germany) (represented by: M. Zintler and A. Stolz, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 7 March 2016 (Case R 1213/2015-4) concerning and application for registration of word sign Magicrown as an EU trade mark.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mühlbauer Technology GmbH to pay the costs.

OJ C 232, 27.6.2016.

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