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Case T-747/18: Judgment of the General Court of 12 December 2019 — Refan Bulgaria v EUIPO (Shape of a flower) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a flower — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001 — Rights of the defence — Obligation to state reasons)
ECLI:EU:UNKNOWN:62018TA0747
62018TA0747
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3.2.2020
Official Journal of the European Union
C 36/29
(Case T-747/18) (<span class="super note-tag">1</span>)
(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a flower - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EU) 2017/1001 - Rights of the defence - Obligation to state reasons)
(2020/C 36/36)
Language of the case: English
Parties
Applicant: Refan Bulgaria OOD (Trud, Bulgaria) (represented by: A. Ivanova, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 6 September 2018 (Case R 2518/2017-1), regarding an application for registration of a three-dimensional sign consisting of the shape of a flower as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Refan Bulgaria OOD to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).
(<span class="note">1</span>) OJ C 72, 25.2.2019.