Information;Judgment — ECLI:EU:T:2021:283
Date: 2021-05-19
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 19 May 2021 – Müller v EUIPO (TIER SHOP) (Case T-535-20) 1 (EU trade mark – Application for EU figurative mark TIER SHOP – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Interest in bringing proceedings – Obligation to state reasons – Article 72(4) and the first sentence of Article 94(1) of Regulation 2017/1001) Language of the case: German Parties Applicant: Müller GmbH & Co. KG (Ulm, Germany) (represented by: S. Mühlberger, lawyer) Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 June 2020 (Case R 2600/2019-5), concerning an application for registration of the figurative sign TIER SHOP as an EU trade mark. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Müller GmbH & Co. KG to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO). ____________ 1 OJ C 348, 19.10.2020.