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Case T-81/16: Judgment of the General Court of 4 July 2017 — Pirelli Tyre v EUIPO (A pair of curved strips positioned on the side of a tyre) (EU trade mark — Application for an EU trade mark consisting of a pair of curved strips on the side of a tyre — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Council Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62016TA0081
62016TA0081
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21.8.2017
Official Journal of the European Union
C 277/39
(Case T-81/16) (<span class="super note-tag">1</span>)
((EU trade mark - Application for an EU trade mark consisting of a pair of curved strips on the side of a tyre - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Council Regulation (EC) No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 - Article 75 of Regulation No 207/2009 - Article 76 of Regulation No 207/2009))
(2017/C 277/57)
Language of the case: English
Parties
Applicant: Pirelli Tyre SpA (Milan, Italy) (represented by: T.M. Müller and F. Togo, lawyers)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 9 December 2015 (Case R 1019/2015-1) concerning an application for registration of a sign consisting of a pair of curved strips on the side of a tyre as an EU trade mark.
Operative part of the judgment
The General Court:
1.Dismisses the action;
2.Orders Pirelli Tyre SpA to pay the costs.
(<span class="super">1</span>) OJ C 156, 2.5.2016.