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Case T-487/21: Judgment of the General Court of 7 December 2022 — Neoperl v EUIPO (Representation of a cylindrical sanitary insert) (EU trade mark — Application for an EU trade mark representing a cylindrical sanitary insert — Tactile position mark — Absolute grounds for refusal — Scope of the law — Court acting of its own motion — Examination of distinctive character by the Board of Appeal — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Sign not capable of constituting an EU mark — Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign — Article 4 and 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and 7(1)(a) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62021TA0487
62021TA0487
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Valentina R., lawyer
30.1.2023
Official Journal of the European Union
C 35/51
(Case T-487/21) (*)
(EU trade mark - Application for an EU trade mark representing a cylindrical sanitary insert - Tactile position mark - Absolute grounds for refusal - Scope of the law - Court acting of its own motion - Examination of distinctive character by the Board of Appeal - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Sign not capable of constituting an EU mark - Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign - Article 4 and 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and 7(1)(a) of Regulation (EU) 2017/1001))
(2023/C 35/60)
Language of the case: German
Parties
Applicant: Neoperl AG (Reinach, Switzerland) (represented by: U. Kaufmann, lawyer)
Defendant: European Union Intellectual Property Office (represented by: T. Klee and D. Hanf, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 June 2021 (Case R 2327/2019-5).
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 June 2021 (Case R 2327/2019-5);
2.Orders EUIPO to pay the costs.
(*)
Language of the case: German.
ECLI:EU:C:2023:35