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Case T-91/18: Judgment of the General Court of 17 January 2019 — Equity Cheque Capital Corporation v EUIPO (DIAMOND CARD) (EU trade mark — Application for EU figurative mark DIAMOND CARD — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62018TA0091
62018TA0091
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11.3.2019
Official Journal of the European Union
C 93/60
(Case T-91/18) (*)
((EU trade mark - Application for EU figurative mark DIAMOND CARD - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001))
(2019/C 93/77)
Language of the case: English
Parties
Applicant: Equity Cheque Capital Corporation (Victoria, Canada) (represented by: I. Berkeley, Barrister, P. Wheeler and C. Rani, Solicitors)
Defendant: European Union Intellectual Property Office (represented by: M. Rajh and A. Folliard-Monguiral, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 December 2017 (Case R 1544/2017-4), relating to an application for registration of the figurative sign DIAMOND CARD as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Equity Cheque Capital Corporation to pay the costs.
(*)
Language of the case: English
ECLI:EU:C:2019:140