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Case T-199/22: Judgment of the General Court of 29 March 2023 — Perfetti Van Melle v EUIPO (Representation of a cylindrical container with a wavy outline) (EU trade mark — Application for an EU figurative mark representing a cylindrical container with a wavy outline — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons)
ECLI:EU:UNKNOWN:62022TA0199
62022TA0199
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Official Journal of the European Union
C 179/40
(Case T-199/22) (*)
(EU trade mark - Application for an EU figurative mark representing a cylindrical container with a wavy outline - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Obligation to state reasons)
(2023/C 179/58)
Language of the case: Italian
Parties
Applicant: Perfetti Van Melle SpA (Lainate, Italy) (represented by: P. Testa and C. Pappalardo, lawyers)
Defendant: European Union Intellectual Property Office (represented by: R. Raponi, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 February 2022 (Case R 1530/2021-5).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Perfetti Van Melle SpA to pay the costs.
(*)
Language of the case: Italian.
(1) OJ C 222, 7.6.2022.