Judgment of the General Court of 15 May 2024 – Cellphenomics v EUIPO (CellCompDx)
(Case T-512/23) 1
(EU trade mark – Application for EU word mark CellCompDx – Absolute ground for refusal – Descriptive nature – Article 7(1)(c) of Regulation (EU) 2017/1001)
Language of the case: German
Parties
Applicant: Cellphenomics GmbH (Berlin, Germany) (represented by: C. Adori, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Ringelhann, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 May 2023 (Case R 2571/2022-2).
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders each party to bear its own costs.
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1 OJ C, C/2023/36, 9.10.2023.