Judgment of the General Court of 30 November 2017 — Toontrack Music v EUIPO (SUPERIOR DRUMMER)
(Case T-895/16) 1
(European Union trade mark — Application for EU word mark SUPERIOR DRUMMER — Absolute ground for refusal — Descriptive — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))
Language of the case: Swedish
Parties
Applicant: Toontrack Music AB (Umeå, Sweden) (represented by: L.-E. Ström, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 3 October 2016 (Case R 2438/2015-5) concerning the registration of the word mark SUPERIOR DRUMMER as an EU trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Toontrack Music AB to pay the costs.
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1 OJ C 46, 13.2.2017.