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Case T-349/18: Judgment of the General Court of 11 July 2019 — Hauzenberger v EUIPO (TurboPerformance) (EU trade mark — Application for EU figurative mark TurboPerformance — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)

ECLI:EU:UNKNOWN:62018TA0349

62018TA0349

July 11, 2019
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30.9.2019

Official Journal of the European Union

C 328/50

(Case T-349/18) (*)

(EU trade mark - Application for EU figurative mark TurboPerformance - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)

(2019/C 328/55)

Language of the case: German

Parties

Applicant: Andreas Hauzenberger (Sinzing, Germany) (represented by: B. Bittner, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl and D. Hanf, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 April 2018 (Case R 2206/2017-4) concerning an application for registration of the figurative sign TurboPerformance as an EU trade mark.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Andreas Hauzenberger to pay the costs.

(*) Language of the case: German.

(1) OJ C 259, 23.7.2018.

* * *

(2019/C 328/55)

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