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Case T-354/17: Judgment of the General Court of 23 April 2018 — Genomic Health v EUIPO (ONCOTYPE DX GENOMIC PROSTATE SCORE) (EU trade mark — Application for EU word mark ONCOTYPE DX GENOMIC PROSTATE SCORE — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Equal treatment)
ECLI:EU:UNKNOWN:62017TA0354
62017TA0354
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(Case T-354/17) (*1)
‘(EU trade mark — Application for EU word mark ONCOTYPE DX GENOMIC PROSTATE SCORE — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Equal treatment)’
Language of the case: English
Parties
Applicant: Genomic Health, Inc. (Redwood City, California, United States of America) (represented by: A. Reid, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and K. Sidat Humphreys, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 14 February 2017 (Case R 1682/2016-5), concerning an application for registration of the word sign ONCOTYPE DX GENOMIC PROSTATE SCORE as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Genomic Health, Inc., to pay the costs.
* Language of the case: English.
(1) OJ C 249, 31.7.2017.
* * *