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Case T-239/16: Judgment of the General Court of 28 November 2017 — Polskie Zdroje v EUIPO (perlage) (European Union trade mark — Application for EU word mark perlage — Absolute ground for refusal — Descriptive — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired by use — Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62016TA0239
62016TA0239
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22.1.2018
Official Journal of the European Union
C 22/34
(Case T-239/16)(1)
((European Union trade mark - Application for EU word mark perlage - Absolute ground for refusal - Descriptive - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - No distinctive character acquired by use - Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001)))
(2018/C 022/46)
Language of the case: Polish
Parties
Applicant: Polskie Zdroje sp. z o.o. sp.k. (Warsaw, Poland) (represented by: T. Gawrylczyk, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 16 March 2016 (Case R 1129/2015-5) concerning an application for registration of word sign perlage as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Polskie Zdroje sp. z o.o. sp.k. to pay the costs.
(1) OJ C 243, 4.7.2016.
* Language of the case: Polish