Source: EURLEX
Language: en
Format: md

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| 26.11.2018 | EN | Official Journal of the European Union | C 427/59 |

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Judgment of the General Court of 27 September 2018 — Demp v EUIPO (Combination of the colours yellow and grey)

(Case T-595/17) [(1)](#ntr1-C_2018427EN.01005902-E0001)

(EU trade mark - Application for an EU trade mark consisting of a combination of the colours yellow and grey - 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))

(2018/C 427/77)

Language of the case: German

Parties

Applicant: Demp BV (Vianen, Netherlands) (represented by: C. Gehweiler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 July 2017 (Case R 1624/2016-5), concerning an application for registration, as an EU trade mark, of a colour sign consisting of a combination of the colours yellow and grey.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Demp BV to pay the costs. |

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