Order of the General Court (Second Chamber) of 11 June 2020 –Perfect Bar v EUIPO (PERFECT BAR) (Case T‑553/19)
Grade B
mapped from publisher markup. A grade says how a document's structure was obtained, not how reliable the law is.
Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62019TO0553_INF@2020-06-11/en
1. Action for annulmentJudgment ordering annulmentEffectsObligation to implementScopeBoth the operative part and the grounds of the judgment to be taken into accountRetroactive effect of annulment (Art. 266 TFEU) (see paras 25, 26)
2. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or serviceAimNeed to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 41)
3. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or serviceMeaning (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 42-44)
4. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or serviceWord mark PERFECT BAR (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 57-60)
Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 May 2019 (Case R 371/2019-5), relating to the application for registration of the word sign PERFECT BAR as an EU trade mark. Operative part
1. Dismisses the action as manifestly lacking any foundation in law.
2. Orders Perfect Bar LLC to pay the costs.