Niagara Bottling LLC v European Union Intellectual Property Office

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Niagara Bottling LLC (Niagara) against the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office, concerning the international registration designating the European Union of the word mark 'NIAGARA', which Niagara sought to register as a European Union trade mark. The General Court upheld the Board's decision that the sign at issue was descriptive of the characteristics of the goods and services in respect of which registration was sought, within the meaning of art 7(1)(c) of Council Regulation (EC) No 207/2009.

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