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Valentina R., lawyer
(Case T-402/16)(1)
((EU trade mark - Application for EU word mark berlinGas - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action manifestly unfounded in law))
(2017/C 392/38)
Language of the case: German
Applicant: Berliner Stadtwerke GmbH (Berlin, Germany) (represented by: O. Spieker, A. Schönfleisch and M. Alber, lawyers)
Defendant: European Union Intellectual Property Office (represented by: R. Manea and D. Hanf, agents)
Action brought against the decision of the First Board of Appeal of EUIPO of 12 May 2016 (Case R 291/2016-1), relating to the application for registration of the word sign berlinGas as an EU trade mark.
1.The action is dismissed.
2.Berliner Stadtwerke GmbH is ordered to pay the costs.
OJ C 335, 12.9.2016.