Дело T-***/**: *****************, Съдебно решение от **.**.2018 г.

Текст

... e ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))

In Case T‑120/17,

M & T Emporia Ilektrikon-Ilektronikon Eidon AE, established in Thessaloniki (Greece), represented by A. Spyridonos, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by M.d.M. Baldares and J. Ivanauskas, acting as Agents,

defendant,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 2 December 2016 (Case R 863/2016-2), relating to the application for registration of the figurative sign fluo. as a European Union trade mark,

THE GENERAL COURT (Seventh Chamber),

composed of V. Tomljenović, President, E. Bieliūnas (Rapporteur) and A. Kornezov, Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 20 February 2017,

having regard to the response lodged at the Court Registry on 15 June 2017,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

Background to the dispute

1. On 9 October 2015, the applicant, M & T Emporia Ilektrikon-Ilektronikon Eidon AE, filed an application for registration of an EU trade mark at the European Union Intellectual Property Office (EUIPO) in accordance with Council Regulation ...