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Case T-54/16: Judgment of the General Court of 17 January 2017 — Netguru v EUIPO (NETGURU) (EU trade mark — Application for EU word mark NETGURU — Absolute ground for refusal — Lac k of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 41 of the Charter of Fundamental Rights — Article 75 of Regulation No 207/2009 — Article 76(2) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62016TA0054
62016TA0054
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27.2.2017
Official Journal of the European Union
C 63/27
(Case T-54/16)(1)
((EU trade mark - Application for EU word mark NETGURU - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 41 of the Charter of Fundamental Rights - Article 75 of Regulation No 207/2009 - Article 76(2) of Regulation No 207/2009))
(2017/C 063/37)
Language of the case: Polish
Parties
Applicant: Netguru sp. z o.o. (Poznań, Poland) (represented: initially by K. Jarosiński, and subsequently by T. Grzybkowski, T. Guzek and M. Jackowski, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 December 2015 (Case R 144/2015-5) concerning an application for registration of the word sign NETGURU as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Netguru sp. z o.o. to bear the costs.
OJ C 111, 29.3.2016.