Judgment — ECLI:EU:T:2019:564
Date: 2019-09-09
Language of the case: French
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

Action brought on 21 November 2018 –Executive Selling v EUIPO (EXECUTIVE SELLING) (Case T-689/18) Language of the case: French Parties Applicant: Executive Selling (Paris, France) (represented by: V. Bouchara and A. Maier, lawyers) Defendant: European Union Intellectual Property Office (EUIPO) Details of the proceedings before EUIPO Trade mark at issue: International registration designating the European Union in respect of the figurative sign EXECUTIVE SELLING — Application for registration No 1 343 783 Contested decision: Decision of the First Board of Appeal of EUIPO of 14 September 2018 in Case R 313/2018-1 Form of order sought The applicant claims that the Court should: annul the contested decision; order EUIPO to pay the costs. Plea in law The mark applied for taken as a whole is not descriptive of a characteristic of the services concerned. The analysis adopted by EUIPO is contrary to the terms of the applicable provisions and case-law and the registered sign is perfectly distinctive and therefore capable of fulfilling the essential function of a trademark. ____________