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Case T-563/19: Order of the General Court of 11 June 2020 — Perfect Bar v EUIPO (PERFECT Bar) (Action for annulment — EU trade mark — Application for EU figurative mark PERFECT Bar — Absolute grounds for refusal — No distinctive character — Descriptive character– Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Decision taken following the annulment by the General Court of an earlier decision — Article 72(6) of Regulation 2017/1001 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62019TB0563
62019TB0563
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Official Journal of the European Union
C 262/25
(Case T-563/19) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment - EU trade mark - Application for EU figurative mark PERFECT Bar - Absolute grounds for refusal - No distinctive character - Descriptive character– Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Decision taken following the annulment by the General Court of an earlier decision - Article 72(6) of Regulation 2017/1001 - Action manifestly lacking any foundation in law)
(2020/C 262/34)
Language of the case: English
Parties
Applicant: Perfect Bar LLC (San Diego, California, United States) (represented by: F. Miazzetto, J.L. Gracia Albero, R. Seoane Lacayo and E. Cebollero González, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 June 2019 (Case R 372/2019-5), relating to the application for registration of the figurative sign PERFECT Bar as an EU trade mark.
Operative part of the order
The Court:
1.Dismisses the action as manifestly lacking any foundation in law.
2.Orders Perfect Bar LLC to pay the costs.
(<span class="oj-super">1</span>) OJ C 337, 7.10.2019.