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

Текст

... rticle 7(1)(b) and (2) of Regulation (EC) No 207/2009)

In Case T‑479/16,

Colgate-Palmolive Co., established in New York, New York (United States), represented by M. Zintler and A. Stolz, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Folliard-Monguiral and M. Simandlova, acting as Agents,

defendant,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 6 June 2016 (Case R 2482/2015-2), concerning an application for registration of the figurative sign AROMASENSATIONS as an EU trade mark,

THE GENERAL COURT (Sixth Chamber),

composed of G. Berardis (Rapporteur), President, S. Papasavvas and O. Spineanu-Matei, Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 30 August 2016,

having regard to the response lodged at the Court Registry on 2 November 2016,

further to the hearing on 24 April 2017,

gives the following

Judgment

Background to the dispute

1. On 5 June 2015, the applicant, Colgate-Palmolive Co., 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).

2. Registration as a mark was sought for the following figurative sign:

3. The goods in respect of which registration was sought are in Class 3 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as ...