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Case T-553/19: Order of the General Court of 11 June 2020 — Perfect Bar v EUIPO (PERFECT BAR) (Action for annulment — EU trade mark — Application for EU word mark PERFECT BAR — Absolute grounds for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Decision taken following the annulment by the General Court of an earlier decision — Article 72(6) of Regulation 2017/1001 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62019TB0553
62019TB0553
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31.8.2020
Official Journal of the European Union
C 287/32
(Case T-553/19) (*)
(Action for annulment - EU trade mark - Application for EU word mark PERFECT BAR - Absolute grounds for refusal - No distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Decision taken following the annulment by the General Court of an earlier decision - Article 72(6) of Regulation 2017/1001 - Action manifestly lacking any foundation in law)
(2020/C 287/51)
Language of the case: English
Parties
Applicant: Perfect Bar LLC (San Diego, California, United States) (represented by: F. Miazzetto, J.L. Gracia Albero, R. Seoane Lacayo and E. Cebollero González, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 May 2019 (Case R 371/2019-5), relating to the application for registration of the word sign PERFECT BAR as an EU trade mark.
Operative part of the order
1.Dismisses the action as manifestly lacking any foundation in law.
2.Orders Perfect Bar LLC to pay the costs.
(*) Language of the case: English.
(1) OJ C 337, 7.10.2019.