Дело T-***/**: *****************, Съдебно решение от **.**.2017 г.

Текст

... 1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001))

In Case T‑704/16,

Murka Ltd, established in Tortola (British Virgin Islands), represented by S. Santos Rodriguez, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent,

defendant,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 21 June 2016 (Case R 471/2016-1), concerning the application for registration of the word sign SCATTER SLOTS as an EU trade mark,

THE GENERAL COURT (Eighth Chamber),

composed of A.M. Collins, President, R. Barents (Rapporteur) and J. Passer, Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 26 September 2016,

having regard to the response lodged at the Court Registry on 14 December 2016,

further to the hearing on 27 June 2017,

gives the following

Judgment

Background to the dispute

1. On 24 September 2015, the applicant, Murka Ltd, 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 ...