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Case T-220/16: Judgment of the General Court of 12 March 2019 — Perry Ellis International Group v EUIPO (PRO PLAYER) (EU trade mark — Application for EU word mark PRO PLAYER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62016TA0220
62016TA0220
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Official Journal of the European Union
C 155/37
(Case T-220/16) (*)
(EU trade mark - Application for EU word mark PRO PLAYER - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))
(2019/C 155/43)
Language of the case: English
Parties
Applicant: Perry Ellis International Group Holdings Ltd (Nassau, Bahamas) (represented by: O. Günzel and C. Tenkhoff, lawyers)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini and K. Markakis, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 24 February 2016 (Case R 1091/2015-2), relating to an application for registration of the word sign PRO PLAYER as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Perry Ellis International Group Holdings Ltd to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO).
(*)
Language of the case: English.
OJ C 232, 27.6.2016.