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Case T-335/15: Judgment of the General Court of 29 September 2016 — Universal Protein Supplements v EUIPO (Representation of a body builder) (EU trade mark — Application for registration of an EU figurative mark representing a body-builder — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0335
62015TA0335
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14.11.2016
Official Journal of the European Union
C 419/39
(Case T-335/15) (1)
((EU trade mark - Application for registration of an EU figurative mark representing a body-builder - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2016/C 419/49)
Language of the case: English
Parties
Applicant: Universal Protein Supplements Corp. (New Brunswick, New Jersey, United States) (represented by: S. Malynicz QC)
Defendant: European Union Intellectual Property Office (represented by: initially by H. O’Neill, and subsequently by A. Folliard-Monguiral, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 March 2015 (Case R 2958/2014-5) concerning an application for registration of a figurative sign representing a body-builder as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Universal Protein Supplements Corp. to pay the costs.
OJ C 279, 24.8.2015.