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

Текст

... rtising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment — Principle of sound administration)

In Case T‑104/16,

Puma SE, established in Herzogenaurach (Germany), represented by M. Schunke, lawyer,

applicant,

v

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

defendant,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 7 January 2016 (Case R 770/2015-1) relating to the international registration designating the European Union in respect of the word mark FOREVER FASTER,

THE GENERAL COURT (Ninth Chamber),

composed of S. Gervasoni, President, L. Madise (Rapporteur) and R. da Silva Passos, Judges,

Registrar: P. Cullen, Administrator,

having regard to the application lodged at the Court Registry on 16 March 2016,

having regard to the response lodged at the Court Registry on 20 May 2016,

further to the hearing on 12 January 2017,

gives the following

Judgment

Background to the dispute

1. On 23 December 2013, the applicant, Puma SE, designated the European Union for international registration No 1217411 in respect of the word mark FOREVER FASTER. Notification was given of that registration on the same day to 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. The goods in respect of which registration was sought are, inter alia, in Classes 25 and 28 ...