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Case T-669/18: Judgment of the General Court of 14 November 2019 — Neoperl v EUIPO (Representation of four filled-in holes in a regular hole pattern) (EU trade mark — Application for an EU figurative mark representing four filled-in holes in a regular hole pattern — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62018TA0669
62018TA0669
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13.1.2020
Official Journal of the European Union
C 10/32
(Case T-669/18) (*)
(EU trade mark - Application for an EU figurative mark representing four filled-in holes in a regular hole pattern - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2020/C 10/43)
Language of the case: German
Parties
Applicant: Neoperl AG (Reinach, Switzerland) (represented by: H. Börjes-Pestalozza and G. Schultz, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf and M. Fischer, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 September 2018 (Case R 2059/2017-5), concerning an application for registration of a sign representing four filled-in holes in a regular hole pattern as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Neoperl AG to pay the costs.
(*)
Language of the case: German.
* * *
(1) OJ C 25, 21.1.2019.