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Case T-264/18: Judgment of the General Court of 12 July 2019 — Gruppo Armonie v EUIPO (mo·da) (EU trade mark — Application for EU figurative mark mo·da — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Absolute ground for refusal in part of the European Union — Article 7(2) of Regulation 2017/1001 — No distinctive character acquired through use — Article 7(3) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62018TA0264
62018TA0264
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Official Journal of the European Union
C 305/49
(Case T-264/18) (<span class="super note-tag">1</span>)
(EU trade mark - Application for EU figurative mark mo·da - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Absolute ground for refusal in part of the European Union - Article 7(2) of Regulation 2017/1001 - No distinctive character acquired through use - Article 7(3) of Regulation 2017/1001)
(2019/C 305/58)
Language of the case: Italian
Parties
Applicant: Gruppo Armonie SpA (Casalgrande, Italy) (represented by G. Medri, lawyer)
Defendant: European Union Intellectual Property Office (represented by L. Rampini, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 February 2018 (Case R 2065/2017-5) relating to an application for registration of the figurative sign mo·da as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Gruppo Armonie SpA to pay the costs.
(<span class="note">1</span>) OJ C 221, 25.6.2018.