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Case T-689/18: Action brought on 21 November 2018 — Executive Selling v EUIPO (EXECUTIVE SELLING)
ECLI:EU:UNKNOWN:62018TN0689
62018TN0689
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Official Journal of the European Union
C 25/60
(Case T-689/18)
(2019/C 25/78)
Language of the case: French
Parties
Applicant: Executive Selling (Paris, France) (represented by: V. Bouchara and A. Maier, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: International registration designating the European Union in respect of the figurative sign EXECUTIVE SELLING — Application for registration No 1 343 783
Contested decision: Decision of the First Board of Appeal of EUIPO of 14 September 2018 in Case R 313/2018-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs.
Plea in law
—The mark applied for taken as a whole is not descriptive of a characteristic of the services concerned. The analysis adopted by EUIPO is contrary to the terms of the applicable provisions and case-law and the registered sign is perfectly distinctive and therefore capable of fulfilling the essential function of a trademark.