22.5.2017
EN
Official Journal of the European Union
C 161/24
Judgment of the General Court of 6 April 2017 — Metabolic Balance Holding v EUIPO (Metabolic Balance)
(Case T-594/15) (1)
((EU trade mark - Application for the EU figurative mark Metabolic Balance - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2017/C 161/33)
Language of the case: German
Parties
Applicant: Metabolic Balance Holding GmbH (Isen, Germany) (represented by: W. Riegger, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer and J. Németh, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 12 August 2015 (Case R 2156/2014-1), concerning an application for registration of the figurative sign Metabolic Balance as an EU trade mark.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Metabolic Balance Holding GmbH to bear its own costs and to pay those incurred by EUIPO.
(1) OJ C 398, 30.11.2015.
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