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

Текст

... ve character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))

In Case T‑758/17,

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

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas and D. Walicka, acting as Agents,

defendant,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 5 September 2017 (Case R 2439/2016-4), relating to an application for registration of the word sign PERFECT BAR as an EU trade mark,

THE GENERAL COURT (Fifth Chamber),

composed of D. Gratsias, President, I. Labucka (Rapporteur) and I. Ulloa Rubio, Judges,

Registrar: R. Ūkelytė, Administrator,

having regard to the application lodged at the Court Registry on 17 November 2017,

having regard to the response lodged at the Court Registry on 21 December 2017,

having regard to the decision of the President of the Fifth Chamber of 18 June 2018 joining Cases T‑758/17 and T‑759/17 for the purposes of the oral part of the procedure,

further to the hearing on 28 June 2018,

gives the following

Judgment

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), ...