Judgment of the General Court of 20 September 2019 — Reaktor Group v EUIPO (REAKTOR)

(Case T-650/18) (1)

(EU trade mark - Application for EU word mark REAKTOR - Absolute grounds for refusal - Lack of descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Direct and specific relationship with the goods and services covered by the trade mark application)

(2019/C 413/62)

Language of the case: Finnish

Parties

Applicant: Reaktor Group Oy (Helsinki, Finland) (represented by L. Laaksonen, lawyer)

Defendant: European Union Intellectual Property Office (represented by: K. Kompari, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 27 August 2018 (Case R 2626/2017-2), relating to an application for registration of the word sign REAKTOR as an EU trade mark.

Operative part of the judgment

The Court:

1.	Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 August 2018 (Case R 2626/2017-2) in so far as, by that decision, the Board of Appeal dismissed the applicant’s action on the basis of Article 7(1)(b) and (c) of Regulation 2017/1001;

2.	Orders EUIPO to pay the costs, including the unavoidable costs incurred by Reaktor Group Oy for the purposes of the proceedings before the Board of Appeal.

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(1)  OJ C 16, 14.1.2019.