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Case T-96/20: Judgment of the General Court of 1 September 2021 — Gruppe Nymphenburg Consult v EUIPO (Limbic® Types) (EU trade mark — Application for EU word mark Limbic® Types — Absolute grounds for refusal — Decision taken following the annulment of an earlier decision by the General Court — Referral of the case back to the Grand Board of Appeal — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001 — Error of law — Examination of the facts of the Office’s own motion — Article 95(1) of Regulation 2017/1001 — Res judicata — Article 72(6) of Regulation 2017/1001 — Composition of the Grand Board of Appeal)
ECLI:EU:UNKNOWN:62020TA0096
62020TA0096
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18.10.2021
Official Journal of the European Union
C 422/13
(Case T-96/20) (*)
(EU trade mark - Application for EU word mark Limbic® Types - Absolute grounds for refusal - Decision taken following the annulment of an earlier decision by the General Court - Referral of the case back to the Grand Board of Appeal - Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001 - Error of law - Examination of the facts of the Office’s own motion - Article 95(1) of Regulation 2017/1001 - Res judicata - Article 72(6) of Regulation 2017/1001 - Composition of the Grand Board of Appeal)
(2021/C 422/18)
Language of the case: German
Parties
Applicant: Gruppe Nymphenburg Consult AG (Munich, Germany) (represented by: R. Kunze, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Re:
Action brought against the decision of the Grand Board of Appeal of EUIPO of 2 December 2019 (Case R 1276/2017-G), concerning an application for registration of the word sign Limbic® Types as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2019 (Case R 1276/2017-G);
2.Orders EUIPO to pay the costs.
(*) Language of the case: German.
ECLI:EU:C:2021:140
* * *