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Case T-129/15 and T-130/15: Judgment of the General Court of 28 September 2016 — Intesa Sanpaolo v EUIPO (WAVE 2 PAY and WAVE TO PAY) (EU trade mark — Application for EU word marks WAVE 2 PAY and WAVE TO PAY — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62015TA0129
62015TA0129
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14.11.2016
Official Journal of the European Union
C 419/38
(Case T-129/15 and T-130/15) (<span class="super note-tag">1</span>)
((EU trade mark - Application for EU word marks WAVE 2 PAY and WAVE TO PAY - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))
(2016/C 419/48)
Language of the case: Italian
Parties
Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: P. Pozzi and F. Cecchi, lawyers)
Defendant: European Union Intellectual Property Office (represented by: initially P. Bullock and L. Rampini, then L. Rampini, acting as Agents)
Re:
Action brought against two decisions of the Fifth Board of Appeal of EUIPO of 19 January 2015 (Cases, respectively, R 1857/2014-5 and R 1864/2014-5), concerning two applications for registration of the word signs, respectively, WAVE 2 PAY and WAVE TO PAY as EU trade marks.
Operative part of the judgment
The Court:
1.Dismisses the actions;
2.Orders Intesa Sanpaolo SpA to pay the costs.
(<span class="super">1</span>) OJ C 155, 2.7.2015.