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Case T-699/15: Judgment of the General Court of 21 June 2017 — City Train v EUIPO (CityTrain) (EU trade mark — Application for EU figurative mark CityTrain — Procedural time limit — Unforeseeable circumstances — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) and (2) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0699
62015TA0699
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Official Journal of the European Union
C 256/21
(Case T-699/15) (<span class="super note-tag">1</span>)
((EU trade mark - Application for EU figurative mark CityTrain - Procedural time limit - Unforeseeable circumstances - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Article 7(1)(b) and (c) and (2) of Regulation (EC) No 207/2009))
(2017/C 256/22)
Language of the case: German
Parties
Applicant: City Train GmbH (Regensburg, Germany) (represented by: C. Adori, lawyer)
Defendant: European Union Intellectual Property Office (represented by: H. Kunz, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 9 September 2015 (Case R 843/2015-4) concerning an application for registration of figurative sign CityTrain as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders City Train GmbH to pay the costs.
(<span class="super">1</span>) OJ C 111, 29.3.2016.