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Case T-373/18: Judgment of the General Court of 4 April 2019 — ABB AB v EUIPO (FLEXLOADER) (European Union trade mark — Application for EU word mark FLEXLOADER — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Neologism — Insufficiently direct and specific connection with certain goods and services covered by the mark applied for)
ECLI:EU:UNKNOWN:62018TA0373
62018TA0373
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27.5.2019
Official Journal of the European Union
C 182/32
(Case T-373/18) (<span class="super note-tag">1</span>)
(European Union trade mark - Application for EU word mark FLEXLOADER - Absolute grounds for refusal - Lack of descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Neologism - Insufficiently direct and specific connection with certain goods and services covered by the mark applied for)
(2019/C 182/36)
Language of the case: German
Parties
Applicant: ABB AB (Västerås, Sweden) (represented by: M. Hartmann and S. Fröhlich, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf and W. Schramek, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 29 March 2018 (Case R 93/2018-1), concerning an application for registration of the word sign FLEXLOADER as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of EUIPO of 29 March 2018 (Case R 93/2018-1) in so far as it refused registration of the word sign FLEXLOADER for:
—the ‘mechanical tools for the application of humectant, binders, oilers, lubricants or dyes’, within Class 7 of the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15 June 1957; and
—the ‘electronic data entry and data processing devices, microprocessors, electrical input and output unit, compact discs, floppy disks, magnetic tapes and semiconductors for the storage of technical data’, within Class 9 of the Nice Arrangement.
2.Dismisses the action as to the remainder;
3.Orders ABB AB and EUIPO to each bear their own costs.
(<span class="super">1</span>) OJ C 268, 30.7.2018.