Source: EURLEX
Language: en
Format: md

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| 7.8.2017 | EN | Official Journal of the European Union | C 256/21 |

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Judgment of the General Court of 21 June 2017 — City Train v EUIPO (CityTrain)

(Case T-699/15)[(1)](#ntr1-C_2017256EN.01002102-E0001)

((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:

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| 1. | Dismisses the action; |

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| 2. | Orders City Train GmbH to pay the costs. |

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