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Case T-37/16: Judgment of the General Court of 27 October 2016 — Caffè Nero Group v EUIPO (CAFFÈ NERO) (EU trade mark — Application for the EU figurative mark CAFFÈ NERO — Absolute grounds for refusal — No distinctive character — Descriptiveness — Mark of such a nature as to deceive the public — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62016TA0037
62016TA0037
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12.12.2016
Official Journal of the European Union
C 462/23
(Case T-37/16)(1)
((EU trade mark - Application for the EU figurative mark CAFFÈ NERO - Absolute grounds for refusal - No distinctive character - Descriptiveness - Mark of such a nature as to deceive the public - Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009))
(2016/C 462/29)
Language of the case: English
Parties
Applicant: Caffè Nero Group Ltd (London, United Kingdom) (represented by: L. Cassidy, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: M. Rajh, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 6 November 2015 (Case R 954/2015-1), relating to the application for registration of the figurative sign CAFFÈ NERO as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Caffè Nero Group Ltd to pay the costs.
OJ C 106, 21.3.2016.