CELEX: 62018TA0373
Language: en
Date: 2019-04-04 00:00:00
Title: Case T-373/18: Judgment of the General Court of 4 April 2019 — ABB AB v EUIPO (FLEXLOADER) (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)

27.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/32
            
         
      Judgment of the General Court of 4 April 2019 — ABB AB v EUIPO (FLEXLOADER)
      (Case T-373/18) (1)
      
      (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:
      
                  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.
                              
                           
                        
            
                  2.
               
               
                  
                     Dismisses the action as to the remainder;
                  
               
            
                  3.
               
               
                  
                     Orders ABB AB and EUIPO to each bear their own costs.
                  
               
            
         (1)  OJ C 268, 30.7.2018.