Source: EURLEX
Language: en
Format: md

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| 7.1.2019 | EN | Official Journal of the European Union | C 4/29 |

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Judgment of the General Court of 8 November 2018 — Perfect Bar v EUIPO (PERFECT Bar)

(Case T-759/17) [(1)](#ntr1-C_2019004EN.01002901-E0001)

(EU trade mark - Application for EU word mark PERFECT BAR - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))

(2019/C 4/40)

Language of the case: English

Parties

Applicant: Perfect Bar LLC (San Diego, California, United States) (represented by: F. Miazzetto, J.L. Gracia Albero and E. Cebollero González, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 September 2017 (Case R 2440/2016-4), relating to an application for registration of the figurative sign PERFECT Bar as an EU trade mark.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 September 2017 (Case R 2440/2016-4) in respect of ‘Protein supplements’ and ‘Dietary and nutritional supplements’; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders each party to bear its own costs. |

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