Дело T-***/**: *****************, Съдебно решение от **.**.2020 г.

Текст

... de mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)

In Case T‑49/19,

View, Inc., established in Milpitas, Delaware (United States), represented by G. Tritton, Barrister,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by H. O’Neill and V. Ruzek, acting as Agents,

defendant,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 27 November 2018 (Case R 1625/2018-2), concerning the international registration designating the European Union in respect of the word mark CREATE DELIGHTFUL HUMAN ENVIRONMENTS,

THE GENERAL COURT (Ninth Chamber),

composed of M.J. Costeira, President, M. Kancheva (Rapporteur) and B. Berke, Judges,

Registrar: A. Juhász-Tóth, administrator,

having regard to the application lodged at the Court Registry on 28 January 2019,

having regard to the response lodged at the Court Registry on 17 April 2019,

further to the hearing on 27 February 2020,

gives the following

Judgment

Background to the dispute

1. On 2 November 2017, the applicant, View, Inc., obtained from the World Intellectual Property Organisation (WIPO) international registration designating the European Union, under number 1381213, of the word mark CREATE DELIGHTFUL HUMAN ENVIRONMENTS.

2. On 21 December 2017, the European Union Intellectual Property Office (EUIPO) received notification of international registration of the word mark CREATE DELIGHTFUL ENVIRONMENTS, pursuant to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1).

3. The ...