22.1.2018
EN
Official Journal of the European Union
C 22/39
Judgment of the General Court of 30 November 2017 — Toontrack Music v EUIPO (SUPERIOR DRUMMER)
(Case T-895/16) (1)
((European Union trade mark - Application for EU word mark SUPERIOR DRUMMER - Absolute ground for refusal - Descriptive - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)))
(2018/C 022/53)
Language of the case: Swedish
Parties
Applicant: Toontrack Music AB (Umeå, Sweden) (represented by: L.-E. Ström, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 3 October 2016 (Case R 2438/2015-5) concerning the registration of the word mark SUPERIOR DRUMMER as an EU trade mark.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Toontrack Music AB to pay the costs.
(1) OJ C 46, 13.2.2017.