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Case T-29/16: Judgment of the General Court of 27 October 2016 — Caffè Nero Group v EUIPO (CAFFÈ NERO) ((EU trade mark — Application for the EU word mark CAFFÈ NERO — Absolute grounds for refusal — No distinctive character — Descriptiveness — Mark of such a nature as to deceive the public — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62016TA0029

62016TA0029

October 27, 2016
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12.12.2016

Official Journal of the European Union

C 462/22

(Case T-29/16)(1)

(((EU trade mark - Application for the EU word mark CAFFÈ NERO - Absolute grounds for refusal - No distinctive character - Descriptiveness - Mark of such a nature as to deceive the public - Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009))

(2016/C 462/28)

Language of the case: English

Parties

Applicant: Caffè Nero Group Ltd (London, United Kingdom) (represented by: L. Cassidy, Solicitor)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 4 November 2015 (Case R 410/2015-1), relating to the application for registration of the word sign CAFFÈ NERO as an EU trade mark.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Caffè Nero Group Ltd to pay the costs.

OJ C 106, 21.3.2016.

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