Source: EURLEX
Language: en
Format: md

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| 18.2.2019 | EN | Official Journal of the European Union | C 65/38 |

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Order of the General Court of 11 December 2018 — Hamburg Beer Company v EUIPO (Hamburg BEER COMPANY)

(Case T-5/18) [(1)](#ntr1-C_2019065EN.01003801-E0001)

((EU trade mark - Application for EU figurative mark Hamburg BEER COMPANY - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001) - Action manifestly lacking any foundation in law))

(2019/C 65/48)

Language of the case: German

Parties

Applicant: Hamburg Beer Company GmbH (Hamburg, Germany) (represented by: O. Spieker, A. Schönfleisch and M. Alber, lawyers)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 September 2017 (Case R 436/2017-5) concerning an application for registration of the figurative sign Hamburg BEER COMPANY as an EU trade mark.

Operative part of the order

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| 1. | The action is dismissed as manifestly lacking any foundation in law. |

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| 2. | Hamburg Beer Company GmbH shall pay the costs. |

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