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Case T-240/15: Judgment of the General Court of 1 June 2016 — Grupo Bimbo v EUIPO (Form of a bar with four circles) (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)

ECLI:EU:UNKNOWN:62015TA0240

62015TA0240

June 1, 2016
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11.7.2016

Official Journal of the European Union

C 251/28

(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

Parties

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)

Re:

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.

Operative part of the judgment

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.

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