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Case T-469/18: Judgment of the General Court of 8 May 2019 — Battelle Memorial Institute v EUIPO (HEATCOAT) (EU trade mark — Application for the EU word mark HEATCOAT — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001 — Equal treatment — Principle of sound administration)
ECLI:EU:UNKNOWN:62018TA0469
62018TA0469
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Official Journal of the European Union
C 230/45
(Case T-469/18)
(EU trade mark - Application for the EU word mark HEATCOAT - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EU) 2017/1001 - Equal treatment - Principle of sound administration)
(2019/C 230/56)
Language of the case: English
Parties
Applicant: Battelle Memorial Institute (Columbus, Ohio, United States) (represented by: B. Brandreth QC)
Defendant: European Union Intellectual Property Office (represented by: P. Sipos and H. O’Neill, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 16 May 2018 (Case R 36/2018-2), relating to an application for registration of the word sign HEATCOAT as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Battelle Memorial Institute to pay the costs.
(1) OJ C 341, 24.9.2018.