Дело T-***/**: *****************, Съдебно решение от **.**.2019 г.

Текст

... f Regulation (EU) 2017/1001)

In Case T‑364/18,

Arçelik AS, established in Istanbul (Turkey), represented by A. Franke and E. Flach, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by E. Sliwinska, S. Palmero Cabezas and H. O’Neill, acting as Agents,

defendant,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 4 April 2018 (Case R 163/2018-2), relating to an application for registration of the word sign MicroGarden as an EU trade mark,

THE GENERAL COURT (Third Chamber),

composed of S. Frimodt Nielsen, President, V. Kreuschitz (Rapporteur) and N. Półtorak, Judges,

Registrar: J. Palacio González, Principal Administrator,

having regard to the application lodged at the Court Registry on 11 June 2018,

having regard to the response lodged at the Court Registry on 12 September 2018,

further to the hearing on 6 March 2019,

gives the following

Judgment

Background to the dispute

1. On 11 July 2017, the applicant, Arçelik AS, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), as amended (replaced by 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)).

2. Registration as a mark was sought for the word sign MicroGarden.

3. The goods in respect of which registration was sought ...