Source: EURLEX
Language: en
Format: md

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| 6.5.2019 | EN | Official Journal of the European Union | C 155/41 |

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Judgment of the General Court of 20 March 2019 — Grammer v EUIPO (Representation of a shape)

(Case T-762/17) [(1)](#ntr1-C_2019155EN.01004102-E0001)

(EU trade mark - Application for EU figurative mark representing a shape - 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))

(2019/C 155/49)

Language of the case: German

Parties

Applicant: Grammer AG (Amberg, Germany) (represented by: J. Bühling and D. Graetsch, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 September 2017 (Case R 2250/2016-4), concerning an application for registration of a shape as an EU figurative mark.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 September 2017 (Case R-2250/2016). |

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| 2. | Orders EUIPO to pay the costs, including the costs necessarily incurred by Grammer AG for the purposes of the proceedings before the Board of Appeal of EUIPO. |

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