Judgment;Information — ECLI:EU:T:2022:543
Date: 2022-09-14
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court of 14 September 2022 – Lotion v EUIPO (BLACK IRISH) (Case T-498/21) 1 (EU trade mark – Application for the EU word mark BLACK IRISH – Absolute grounds for refusal – No distinctive character – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Equal treatment – Obligation to state reasons – Article 94(1) of Regulation 2017/1001) Language of the case: English Parties Applicant: Lotion LLC (Woodland Hills, California, United States) (represented by: A. Deutsch, lawyer) Defendant: European Union Intellectual Property Office (represented by: T. Klee and D. Hanf, acting as Agents) Re: By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 June 2021 (Case R 199/2021-5). Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Lotion LLC to pay the costs. ____________ 1 OJ C 391, 27.9.2021.