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Case C-48/18 P: Order of the Court (Sixth Chamber) of 13 November 2018 — Toontrack Music AB v European Union Intellectual Property Office (EUIPO) (Appeal — Article 181 of the Rules of Procedure of the Court — European Union trade mark — Application for registration of the word mark EZMIX — Rejection of the application — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) — Articles 65, 75 and 76 — Descriptive character — Perception of the relevant public — Right to a hearing — Principle of examination by EUIPO of its own motion — Obligation to state reasons — Distortion — Evidence presented for the first time before the General Court)

ECLI:EU:UNKNOWN:62018CB0048

62018CB0048

November 13, 2018
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11.2.2019

Official Journal of the European Union

C 54/3

(Case C-48/18 P) (*)

((Appeal - Article 181 of the Rules of Procedure of the Court - European Union trade mark - Application for registration of the word mark EZMIX - Rejection of the application - Regulation (EC) No 207/2009 - Article 7(1)(b) and (c) - Articles 65, 75 and 76 - Descriptive character - Perception of the relevant public - Right to a hearing - Principle of examination by EUIPO of its own motion - Obligation to state reasons - Distortion - Evidence presented for the first time before the General Court))

(2019/C 54/03)

Language of the case: Swedish

Parties

Appellant: Toontrack Music AB (represented by: L.-E. Ström, advokat)

Other party to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: A. Folliard-Monguiral, acting as Agent)

Operative part of the order

1.The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded.

2.Toontrack Music AB shall pay the costs.

(*)

OJ C 152, 30.4.2018.

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