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Case T-675/16: Judgment of the General Court of 15 May 2018 — Wirecard v EUIPO (mycard2go) (EU trade mark — Application for EU word mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94, first sentence, of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62016TA0675
62016TA0675
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(Case T-675/16) (*1)
‘(EU trade mark — Application for EU word mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94, first sentence, of Regulation 2017/1001))’
Language of the case: German
Parties
Applicant: Wirecard AG (Aschheim, Germany) (represented by: A. Bayer, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO) (represented by: D. Hanf, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 July 2016 (Case R 282/2016-4) concerning an application for registration of the word sign mycard2go as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 July 2016 (Case R 282/2016-4);
2.Dismisses the remainder of the application;
3.Orders EUIPO to bear its own costs and to pay those incurred by the applicant, including the costs necessarily incurred for the purposes of the appeal proceedings before EUIPO.
*
(*1) OJ C 410, 7.11.2016.