Дело T-***/**: *****************, Определение от **.**.2020 г.

Текст

... tive character — Descriptive character– Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Decision taken following the annulment by the General Court of an earlier decision — Article 72(6) of Regulation 2017/1001 — Action manifestly lacking any foundation in law)

In Case T‑563/19,

Perfect Bar LLC, established in San Diego, California (United States), represented by F. Miazzetto, J.L. Gracia Albero, R. Seoane Lacayo and E. Cebollero González, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by M. Capostagno, acting as Agent,

defendant,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 6 June 2019 (Case R 372/2019-5), relating to the application for registration of the figurative sign PERFECT Bar as an EU trade mark,

THE GENERAL COURT (Second Chamber),

composed of V. Tomljenović, President, F. Schalin and P. Škvařilová-Pelzl (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 14 August 2019,

having regard to the response lodged at the Court Registry on 25 November 2019,

makes the following

Order

Background to the dispute

1. On 26 April 2016, the applicant, Perfect Bar LLC, 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 ...