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(Case T-240/15)(European Union trade mark - Application for three-dimensional European Union trade mark - Form of a bar with four circles - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Rights of the defence - Article 75 of Regulation No 207/2009 - Obligation to state reasons)
(2016/C 251/31)
Language of the case: Spanish
Applicant: Grupo Bimbo, SAB de CV (Mexico City, Mexico) (represented by: N. Fernández Fernández Pacheco, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Muñiz Rodríguez and A. Schifko, acting as Agents)
Action brought against the decision of the First Board of Appeal of EUIPO of 2 March 2015 (Case R 1602/2014 1) concerning an application for registration of a three-dimensional sign consisting of the form of a bar with four circles as a European Union trade mark.
The Court:
1.Dismisses the action;
2.Orders Grupo Bimbo, SAB de CV to pay the costs.
*
Language of the case: Spanish.
(1) OJ C 236, 20.7.2015.