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Case T-473/18: Order of the General Court of 8 May 2019 — Getsmarter Online v EUIPO (getsmarter) (EU trade mark — Application for EU figurative mark getsmarter — Mark consisting of an advertising slogan — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62018TB0473
62018TB0473
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Official Journal of the European Union
C 230/51
(Case T-473/18) (*)
(EU trade mark - Application for EU figurative mark getsmarter - Mark consisting of an advertising slogan - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - No distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) - Action manifestly lacking any foundation in law)
(2019/C 230/64)
Language of the case: English
Parties
Applicant: Getsmarter Online Ltd (London, United Kingdom) (represented by: I. Silcock, Barrister)
Defendant: European Union Intellectual Property Office (represented by: G. Schneider, A. Folliard-Monguiral and H. O’Neill, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 10 May 2018 (Case R 2632/2017-1), relating to an application for registration of the figurative sign getsmarter as a European Union trade mark.
Operative part of the order
1.The action is dismissed.
2.Getsmarter Online Ltd shall pay the costs.
(*)
Language of the case: English
(1) OJ C 352, 1.10.2018.
* * *
(2019/C 230/64)