Judgment of the General Court of 16 February 2017 — Gruppe Nymphenburg Consult v EUIPO (Limbic® Sales)
(Case T-517/15) 1
(EU trade mark — Application for the EU word mark Limbic® Sales — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Gruppe Nymphenburg Consult AG (Munich, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 23 June 2015 (Case R 1972/2014-1), concerning an application for registration of the word sign Limbic® Sales as an EU trade mark.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 June 2015 (Case R 1972/2014-1);
2. Orders that EUIPO shall bear its own costs as well as those incurred by Gruppe Nymphenburg Consult AG.
____________1 OJ C 354, 26.10.2015.