EN
C 24/34
Official Journal of the European Union
17.1.2022
2.
Orders EUIPO to bear its own costs and to pay those incurred by Société des produits Nestlé SA for the purposes of the proceedings before the General Court; 3.
Orders Amigüitos pets & life, SA to bear its own costs.
(1)
OJ C 399, 23.11.2020.
Judgment of the General Court of 17 November 2021 — Jakober v EUIPO (Shape of a cup) (Case T-658/20) (1) (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: 1.
Dismisses the action; 2.
Orders Mr Philip Jakober to pay the costs.
(1)
OJ C 433, 14.12.2020.
Order of the General Court of 17 November 2021 — Trasta Komercbanka v ECB (Case T-247/16 RENV) (1) (Action for annulment — Prudential supervision of credit institutions — Specific supervisory tasks assigned to the ECB — Decision to withdraw a credit institution’s authorisation — Action becoming devoid of purpose — Interest in bringing proceedings ceasing to exist — No need to adjudicate) (2022/C 24/45) Language of the case: English Parties Applicant: Trasta Komercbanka AS (Riga, Latvia) (represented by: O. Behrends, lawyer) Defendant: European Central Bank (ECB) (represented by: E. Koupepidou and C. Hernández Saseta, acting as Agents, and by B. Schneider and M. Petite, lawyers)