Source: EURLEX
Language: en
Format: md

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| 27.5.2019 | EN | Official Journal of the European Union | C 182/32 |

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Judgment of the General Court of 4 April 2019 — ABB AB v EUIPO (FLEXLOADER)

(Case T-373/18) [(1)](#ntr1-C_2019182EN.01003201-E0001)

(European Union trade mark - Application for EU word mark FLEXLOADER - Absolute grounds for refusal - Lack of descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Neologism - Insufficiently direct and specific connection with certain goods and services covered by the mark applied for)

(2019/C 182/36)

Language of the case: German

Parties

Applicant: ABB AB (Västerås, Sweden) (represented by: M. Hartmann and S. Fröhlich, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf and W. Schramek, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 29 March 2018 (Case R 93/2018-1), concerning an application for registration of the word sign FLEXLOADER as an EU trade mark.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of EUIPO of 29 March 2018 (Case R 93/2018-1) in so far as it refused registration of the word sign FLEXLOADER for:   |  |  | | --- | --- | | — | the ‘mechanical tools for the application of humectant, binders, oilers, lubricants or dyes’, within Class 7 of the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15 June 1957; and |  |  |  | | --- | --- | | — | the ‘electronic data entry and data processing devices, microprocessors, electrical input and output unit, compact discs, floppy disks, magnetic tapes and semiconductors for the storage of technical data’, within Class 9 of the Nice Arrangement. | |

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

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| 3. | Orders ABB AB and EUIPO to each bear their own costs. |

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