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Case T-130/16: Judgment of the General Court of 31 January 2017 — Coesia v EUIPO (Representation of two red oblique curves) (EU trade mark — Application for registration of an EU figurative mark representing two red oblique curves — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to assess the distinctiveness of a mark by reference to the perception which the relevant public has of it)
ECLI:EU:UNKNOWN:62016TA0130
62016TA0130
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Official Journal of the European Union
C 78/30
(Case T-130/16)(1)
((EU trade mark - Application for registration of an EU figurative mark representing two red oblique curves - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to assess the distinctiveness of a mark by reference to the perception which the relevant public has of it))
(2017/C 078/41)
Language of the case: Italian
Parties
Applicant: Coesia SpA (Bologna, Italy) (represented by: S. Rizzo, Agent)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini, Agent)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 26 January 2016 (Case R 1933/2015-2) concerning an application for registration of a figurative sign representing two red oblique curves.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 January 2016 (Case R 1933/2015-2);
2.Orders EUIPO to pay the costs.
OJ C 165, 10.5.2016.