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Case T-290/15: Judgment of the General Court of 9 November 2016 — Smarter Travel Media v EUIPO (SMARTER TRAVEL) (EU trade mark — Application for the figurative EU trade mark SMARTER TRAVEL — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Equal treatment)

ECLI:EU:UNKNOWN:62015TA0290

62015TA0290

November 9, 2016
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Official Journal of the European Union

C 6/35

(Case T-290/15)(1)

((EU trade mark - Application for the figurative EU trade mark SMARTER TRAVEL - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 - Equal treatment))

(2017/C 006/42)

Language of the case: English

Parties

Applicant: Smarter Travel Media LLC (Boston, Massachusetts, United States) (represented by: P. Olson, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, Agent)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 20 March 2015 (Case R 1986/2014-2), relating to an application for registration of the figurative sign SMARTER TRAVEL as an EU trade mark

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Smarter Travel Media LLC to pay the costs.

OJ C 262, 10.8.2015.

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