Source: EURLEX
Language: en
Format: md

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| 20.5.2019 | EN | Official Journal of the European Union | C 172/33 |

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Judgment of the General Court of 4 April 2019 — Stada Arzneimittel v EUIPO (Representation of two facing arches)

(Case T-804/17) [(1)](#ntr1-C_2019172EN.01003301-E0001)

(EU trade mark - Application for an EU figurative mark representing two facing arches - 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 172/45)

Language of the case: German

Parties

Applicant: Stada Arzneimittel AG (Bad Vilbel, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

Defendant: European Union Intellectual Property Office (represented initially by D. Hanf and D. Walicka and subsequently by D. Hanf and E. Markakis, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 20 September 2017 (Case R 1887/2016-1) relating to an application for registration of a figurative sign representing two facing arches 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 Stada Arzneimittel AG to pay the costs. |

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