Judgment of the General Court of 6 December 2023 – bet365 Group v EUIPO (bet365)
(Case T-764/22) 1
(EU trade mark – Application for EU figurative mark bet365 – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001)
Language of the case: English
Parties
Applicant: bet365 Group Ltd (Stoke-on-Trent, United Kingdom) (represented by: J. van Manen and E. van Gelderen, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 September 2022 (Case R 622/2022-4).
Operative part of the judgment
The Court:
Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 September 2022 (Case R 622/2022-4) in so far as it concerns ‘printed matter and printed publications; magazines, manuals, newsletters, instructional and teaching material; calendars; tickets; printed cards’ in Class 16; ‘advertising; business management; business administration; office functions; on-line data processing services; economic forecasting; opinion polling; marketing research; modelling for advertising or sales promotion’ in Class 35; and ‘computer advisory, consultancy and design services, leasing, rental and hire of computer software, computer programming’ in Class 42;
Dismisses the action as to the remainder;
Orders each party to bear its own costs.
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1 OJ C 35, 30.1.2023.