Source: EURLEX
Language: en
Format: md

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| 22.2.2021 | EN | Official Journal of the European Union | C 62/30 |

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Judgment of the General Court of 16 December 2020 — Voco v EUIPO (Shape of packaging)

(Case T-118/20) [(1)](#ntr1-C_2021062EN.01003001-E0001)

(EU trade mark - Application for a three-dimensional EU trade mark - Shape of packaging - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2021/C 62/36)

Language of the case: German

Parties

Applicant: Voco GmbH (Cuxhaven, Germany) (represented by: C. Spintig and S. Pietzcker, lawyers)

Defendant: European Union Intellectual Property Office (represented by: R. Cottrell and A. Söder, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 December 2019 (Case R 978/2019-5) concerning an application for registration of a three-dimensional sign consisting of the shape of packaging as an EU trade mark.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 December 2019 (Case R 978/2019-5); |

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| 2. | Orders EUIPO to pay the costs. |

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