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Case T-145/22: Judgment of the General Court of 28 June 2023 — CEDC International v EUIPO — Underberg (Shape of a blade of grass in a bottle) (EU trade mark — Opposition proceedings — Application for a three-dimensional EU trade mark — Shape of a blade of grass in a bottle — Earlier national trade marks — Relative ground for refusal — Article 8(3) of Regulation (EC) No 40/94 (now Article 8(3) of Regulation (EU) 2017/1001) — Concept of ‘agent’ or ‘representative’ — Requirement for a direct contractual agreement)
ECLI:EU:UNKNOWN:62022TA0145
62022TA0145
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Official Journal of the European Union
C 286/25
(Case T-145/22) (*)
(EU trade mark - Opposition proceedings - Application for a three-dimensional EU trade mark - Shape of a blade of grass in a bottle - Earlier national trade marks - Relative ground for refusal - Article 8(3) of Regulation (EC) No 40/94 (now Article 8(3) of Regulation (EU) 2017/1001) - Concept of ‘agent’ or ‘representative’ - Requirement for a direct contractual agreement)
(2023/C 286/33)
Language of the case: English
Parties
Applicant: CEDC International sp. z o.o. (Oborniki Wielkopolskie, Poland) (represented by: M. Fijałkowski, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Stoyanova-Valchanova and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Underberg AG (Dietlikon, Switzerland) (represented by: A. Renck and C. Stöber, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the partial annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 December 2021 (Case R 1954/2020-5).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders CEDC International sp. z o.o. to pay the costs.
(*)
Language of the case: English.
ECLI:EU:C:2025:140
* * *
(*) Language of the case: English.