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Case T-470/16: Judgment of the General Court of 28 June 2017 — X-cen-tek v EUIPO (Representation of a triangle) (EU trade mark — Application for an EU figurative mark representing a triangle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62016TA0470
62016TA0470
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21.8.2017
Official Journal of the European Union
C 277/43
(Case T-470/16)(1)
((EU trade mark - Application for an EU figurative mark representing a triangle - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2017/C 277/64)
Language of the case: German
Parties
Applicant: X-cen-tek GmbH & Co. KG (Wardenburg, Germany) (represented by: H. Hillers, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Schifko, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 17 June 2016 (Case R 2565/2015-4), concerning an application for registration of a figurative sign representing a triangle as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders X-cen-tek GmbH & Co. KG to pay the costs.
OJ C 383, 17.10.2016.