Judgment;Information — ECLI:EU:T:2021:795
Date: 2021-11-17
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court of 17 November 2021 – Jakober v EUIPO (Shape of a cup) (Case T-658/20) 1 (EU trade mark – Application for a three-dimensional EU trade mark – Shape of a cup – Absolute ground 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) – Lack of distinctive character acquired through use – Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001)) Language of the case: German Parties Applicant: Philip Jakober (Stuttgart, Germany) (represented by: J. Klink, lawyer) Defendant: European Union Intellectual Property Office (represented by: M. Fischer, D. Hanf and M. Eberl, acting as Agents) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 August 2020 (Case R 554/2020-5), concerning an application for registration of a three-dimensional sign comprising the shape of a cup as an EU trade mark. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Mr Philip Jakober to pay the costs. ____________ 1 OJ C 433, 14.12.2020.