Source: EURLEX
Language: en
Format: md

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| 16.8.2021 | EN | Official Journal of the European Union | C 329/20 |

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Judgment of the General Court of 7 July 2021 — Ardagh Metal Beverage Holdings v EUIPO (Combination of sounds on opening a can of soft drink)

(Case T-668/19) [(1)](#ntr1-C_2021329EN.01002002-E0001)

(EU trade mark - Application for an EU trade mark consisting of a combination of sounds on opening a can of soft drink - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Article 95(1) of Regulation 2017/1001)

(2021/C 329/25)

Language of the case: German

Parties

Applicant: Ardagh Metal Beverage Holdings GmbH & Co. KG (Bonn, Germany) (represented by: S. Abrar, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, D. Hanf and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 24 July 2019 (Case R 530/2019-2), concerning an application for registration of a combination of sounds on opening a can of soft drink as an EU trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs incurred before the General Court; |

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| 3. | Orders Ardagh Metal Beverage Holdings GmbH & Co. KG to bear its own costs incurred before the General Court and the expenses necessarily incurred for the purpose of the proceedings before the Board of Appeal of EUIPO. |

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