Judgment of the General Court of 21 June 2017 — City Train v EUIPO (CityTrain)
(Case T-699/15) 1
(EU trade mark — Application for EU figurative mark CityTrain — Procedural time limit — Unforeseeable circumstances — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) and (2) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: City Train GmbH (Regensburg, Germany) (represented by: C. Adori, lawyer)
Defendant: European Union Intellectual Property Office (represented by: H. Kunz, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 9 September 2015 (Case R 843/2015-4) concerning an application for registration of figurative sign CityTrain as an EU trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders City Train GmbH to pay the costs.
____________
1 OJ C 111, 29.3.2016.