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Joined Cases T-678/15 and T-679/15: Judgment of the General Court of 15 December 2016 — Novartis v EUIPO (Representation of a grey curve and representation of a green curve) (EU trade mark — Applications for EU figurative trade marks representing a grey curve and representing a green curve — Absolute ground for refusal — Distinctive character — Simplicity of the sign — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0678
62015TA0678
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Official Journal of the European Union
C 38/32
(Joined Cases T-678/15 and T-679/15) (<span class="super note-tag">1</span>)
((EU trade mark - Applications for EU figurative trade marks representing a grey curve and representing a green curve - Absolute ground for refusal - Distinctive character - Simplicity of the sign - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2017/C 038/44)
Language of the case: English
Parties
Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Zintler, lawyer)
Defendant: European Union Intellectual Property Office (represented by: H. Kunz and S. Hanne, Agents)
Re:
Two actions brought against the decisions of the Fifth Board of Appeal of EUIPO of 23 September 2015 (Cases R 78/2015-5 and R 89/2015-5), concerning applications for registration of two figurative signs, representing a grey curve and representing a green curve, as EU trade marks.
Operative part of the judgment
The Court:
1.Annuls the decisions of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 September 2015 (Cases R 78/2015-5 and R 89/2015-5);
2.Allows the appeals brought by Novartis AG before that Board of Appeal;
3.Orders EUIPO to pay the costs.
(<span class="note">1</span>) OJ C 90, 7.3.2016.