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Case T-119/16: Order of the General Court of 26 January 2017 — Topera v EUIPO (RHYTHMVIEW) (EU trade mark — Application for the European Union word mark RHYTHMVIEW — Absolute grounds for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62016TB0119
62016TB0119
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13.3.2017
Official Journal of the European Union
C 78/31
(Case T-119/16)(1)
((EU trade mark - Application for the European Union word mark RHYTHMVIEW - Absolute grounds for refusal - No distinctive character - Descriptive character - Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))
(2017/C 078/43)
Language of the case: English
Parties
Applicant: Topera, Inc. (Abbott Park, Illinois, United States) (represented by: H. Sheraton, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 January 2016 (Case R 1368/2015-4), relating to an application for registration of the word sign RHYTHMVIEW as an EU trade mark.
Operative part of the order
1.The action is dismissed.
2.Topera, Inc., shall pay the costs.
OJ C 200, 6.6.2016.