Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 29.4.2019 | EN | Official Journal of the European Union | C 148/52 |

---

Judgment of the General Court of 12 March 2019 — Novartis v EUIPO (SMARTSURFACE)

(Case T-463/18) [(1)](#ntr1-C_2019148EN.01005201-E0001)

(EU trade mark - Application for EU word mark SMARTSURFACE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2019/C 148/50)

Language of the case: English

Parties

Applicant: Novartis AG (Basle, Switzerland) (represented by: L. Junquera Lara, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Bonne and H. O’Neill, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 25 May 2018 (Case R 1765/2017-2), relating to an application for registration of the word sign SMARTSURFACE as an EU trade mark.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the action; |

|  |  |
| --- | --- |
| 2. | Orders Novartis AG to pay the costs. |

---

---

[Top](#document1)