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Case T-594/15: Judgment of the General Court of 6 April 2017 — Metabolic Balance Holding v EUIPO (Metabolic Balance) (EU trade mark — Application for the EU figurative mark Metabolic Balance — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0594
62015TA0594
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Official Journal of the European Union
C 161/24
(Case T-594/15)(1)
((EU trade mark - Application for the EU figurative mark Metabolic Balance - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2017/C 161/33)
Language of the case: German
Parties
Applicant: Metabolic Balance Holding GmbH (Isen, Germany) (represented by: W. Riegger, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer and J. Németh, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 12 August 2015 (Case R 2156/2014-1), concerning an application for registration of the figurative sign Metabolic Balance as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Metabolic Balance Holding GmbH to bear its own costs and to pay those incurred by EUIPO.
OJ C 398, 30.11.2015.