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Case T-463/18: Judgment of the General Court of 12 March 2019 — Novartis v EUIPO (SMARTSURFACE) (EU trade mark — Application for EU word mark SMARTSURFACE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62018TA0463
62018TA0463
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29.4.2019
Official Journal of the European Union
C 148/52
(Case T-463/18) (*)
(EU trade mark - Application for EU word mark SMARTSURFACE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2019/C 148/50)
Language of the case: English
Parties
Applicant: Novartis AG (Basle, Switzerland) (represented by: L. Junquera Lara, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Bonne and H. O’Neill, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 25 May 2018 (Case R 1765/2017-2), relating to an application for registration of the word sign SMARTSURFACE as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Novartis AG to pay the costs.
(*) Language of the case: English.
(OJ C 352, 1.10.2018)