Source: EURLEX
Language: en
Format: md

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| 17.1.2022 | EN | Official Journal of the European Union | C 24/34 |

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Judgment of the General Court of 17 November 2021 — Jakober v EUIPO (Shape of a cup)

(Case T-658/20) [(1)](#ntr1-C_2022024EN.01003401-E0001)

(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a cup - 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) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001))

(2022/C 24/44)

Language of the case: German

Parties

Applicant: Philip Jakober (Stuttgart, Germany) (represented by: J. Klink, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 August 2020 (Case R 554/2020-5), concerning an application for registration of a three-dimensional sign comprising the shape of a cup 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 Mr Philip Jakober to pay the costs. |

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