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Case T-219/16: Judgment of the General Court of 6 April 2017 — Aldi v EUIPO (ViSAGE) (EU trade mark — Application for the EU figurative mark ViSAGE — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62016TA0219
62016TA0219
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22.5.2017
Official Journal of the European Union
C 161/27
(Case T-219/16) (<span class="super note-tag">1</span>)
((EU trade mark - Application for the EU figurative mark ViSAGE - Absolute grounds for refusal - Descriptiveness - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
(2017/C 161/38)
Language of the case: German
Parties
Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, C. Fürsen and N. Bertram, lawyers)
Defendant: European Union Intellectual Property Office (represented by: A. Schifko, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 19 February 2016 (Case R 507/2015-5) concerning an application for registration of the figurative sign ViSAGE as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Aldi GmbH & Co. KG to pay the costs.
(<span class="super">1</span>) OJ C 232, 27.6.2016.