Source: EURLEX
Language: en
Format: md

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| 8.7.2019 | EN | Official Journal of the European Union | C 230/51 |

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Order of the General Court of 8 May 2019 — Getsmarter Online v EUIPO (getsmarter)

(Case T-473/18) [(1)](#ntr1-C_2019230EN.01005101-E0001)

(EU trade mark - Application for EU figurative mark getsmarter - Mark consisting of an advertising slogan - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - No distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) - Action manifestly lacking any foundation in law)

(2019/C 230/64)

Language of the case: English

Parties

Applicant: Getsmarter Online Ltd (London, United Kingdom) (represented by: I. Silcock, Barrister)

Defendant: European Union Intellectual Property Office (represented by: G. Schneider, A. Folliard-Monguiral and H. O’Neill, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 10 May 2018 (Case R 2632/2017-1), relating to an application for registration of the figurative sign getsmarter as a European Union trade mark.

Operative part of the order

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| 1. | The action is dismissed. |

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| 2. | Getsmarter Online Ltd shall pay the costs. |

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