Source: EURLEX
Language: en
Format: md

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| 25.11.2019 | EN | Official Journal of the European Union | C 399/50 |

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Judgment of the General Court of 17 September 2019 — TrekStor v EUIPO (Theatre)

(Case T-399/18) [(1)](#ntr1-C_2019399EN.01005001-E0001)

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

(2019/C 399/60)

Language of the case: German

Parties

Applicant: TrekStor Ltd (Hong-Kong, China) (represented by: O. Spieker, A. Schönfleisch, M. Alber and N. Willich, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 26 April 2018 (Case R 2238/2017-2) relating to an application for registration of the word sign Theatre 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 TrekStor Ltd to pay the costs. |

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