Judgment — ECLI:EU:T:2017:409
Date: 2017-06-21
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court of 21 June 2017 — City Train v EUIPO (CityTrain) (Case T-699/15) 1 (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) 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. ____________ 1 OJ C 111, 29.3.2016.