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Case T-181/18: Judgment of the General Court of 24 January 2019 — Multifit v EUIPO (TAKE CARE) (EU trade mark — Application for the EU figurative mark TAKE CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62018TA0181
62018TA0181
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Official Journal of the European Union
C 103/39
(Case T-181/18) (*)
((EU trade mark - Application for the EU figurative mark TAKE CARE - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001))
(2019/C 103/52)
Language of the case: German
Parties
Applicant: Multifit Tiernahrungs GmbH (Krefeld, Germany) (represented by: N. Weber and L. Thiel, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl and M. Fischer, Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 January 2018 (Case R 845/2017-5), relating to the application for registration of the figurative sign TAKE CARE as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Multifit Tiernahrungs GmbH to pay the costs.
(*)
Language of the case: German.
* * *
(1) OJ C 161, 7.5.2018.