Case T-314/17: Judgment of the General Court of 31 May 2018 — Nosio v EUIPO (MEZZA) (EU trade mark — Application for EU word mark MEZZA — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Restriction of goods — Article 43(1) of Regulation No 207/2009 (now Article 49(1) of Regulation 2017/1001) — Obligation to state reasons — Right to be heard — Article 75 of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001))
C2492018EN3120120180531EN0039312322
Judgment of the General Court of 31 May 2018 — Nosio v EUIPO (MEZZA)
(Case T-314/17) ( 1 )
‛(EU trade mark — Application for EU word mark MEZZA — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Restriction of goods — Article 43(1) of Regulation No 207/2009 (now Article 49(1) of Regulation 2017/1001) — Obligation to state reasons — Right to be heard — Article 75 of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001))’2018/C 249/39Language of the case: Italian
Parties
Applicant: Nosio SpA (Mezzocorona, Italy) (represented by: A. Perani and J. Graffer, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Capostagno and A. Folliard-Monguiral, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 March 2017 (Case R 1518/2016-5) concerning an application for registration of the word sign MEZZA as an EU trade mark.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Nosio SpA to pay the costs.
( 1 ) OJ C 231, 17.7.2017.
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