Judgment — ECLI:EU:T:2019:311
Date: 2019-05-08
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to documents annexed to the application — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 27) 5. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Figurative mark LIEBLINGSWEIN (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 38, 48-55) 6. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Overlap of the scope of the grounds set out in Articles 7(1)(b) and 7(1)(c) of Regulation No 2017/1001 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see para. 60) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 6 November 2017 (Case R 291/2017-1), concerning an application for registration of the figurative sign LIEBLINGSWEIN as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Team Beverage AG to pay the costs.