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Case T-736/17: Judgment of the General Court of 4 October 2018 — Lincoln Global v EUIPO (FLEXCUT) (EU trade mark — Application for EU word mark FLEXCUT — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))

ECLI:EU:UNKNOWN:62017TA0736

62017TA0736

October 4, 2018
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26.11.2018

Official Journal of the European Union

C 427/63

(Case T-736/17) (*)

(EU trade mark - Application for EU word mark FLEXCUT - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))

(2018/C 427/83)

Language of the case: English

Parties

Applicant: Lincoln Global, Inc. (Santa Fe Springs, California, United States) (represented by: K. Piepenbrink, lawyer)

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 30 August 2017 (Case R 2225/2016-4), relating to the application for registration of the word sign FLEXCUT as an EU trade mark.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Lincoln Global, Inc., to pay the costs.

(*) Language of the case: English.

(1) OJ C 13, 15.1.2018.

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