Official Journal of the European Union

C 413/49

(Case T-458/18) (*)

(EU trade mark - Application for EU word mark real nature - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)

(2019/C 413/59)

Language of the case: German

Parties

Applicant: Multifit Tiernahrungs GmbH (Krefeld, Germany) (represented by: N. Weber and P. Gentili, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 28 May 2018 (Case R 2650/2017-2), relating to an application for registration of the word sign real nature as an EU trade mark.

Operative part of the judgment

The Court:

1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 May 2018 (Case R 2650/2017-2), in so far as registration as an EU trade mark of the word sign real nature was refused for the services ‘advertising; marketing services; organisational and business advice for franchise concepts; providing of business knowhow (franchising)’, in Class 35 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2.Dismisses the action as to the remainder;

3.Orders Multifit Tiernahrungs GmbH to bear its own costs and to pay two thirds of those incurred by EUIPO. EUIPO to bear one third of its costs.

(*)

Language of the case: German.

* * *

(1) OJ C 319, 10.9.2018.