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Case T-758/17: Judgment of the General Court of 8 November 2018 — Perfect Bar v EUIPO (PERFECT BAR) (EU trade mark – Application for EU word mark PERFECT BAR – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))

ECLI:EU:UNKNOWN:62017TA0758

62017TA0758

November 8, 2018
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Official Journal of the European Union

C 4/28

(Case T-758/17) (*)

(EU trade mark - Application for EU word mark PERFECT BAR - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))

(2019/C 4/39)

Language of the case: English

Parties

Applicant: Perfect Bar LLC (San Diego, California, United States) (represented by: F. Miazzetto, J.L. Gracia Albero and E. Cebollero González, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 September 2017 (Case R 2439/2016-4), relating to an application for registration of the word sign PERFECT BAR as an EU trade mark.

Operative part of the judgment

The Court:

1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 September 2017 (Case R 2439/2016-4) in respect of ‘Protein supplements’ and ‘Dietary and nutritional supplements’;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

(*) Language of the case: English.

(1) OJ C 22, 22.1.2018.

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