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Case T-298/19: Judgment of the General Court of 17 November 2021 — Think Schuhwerk v EUIPO (Representation of red shoe lace aglets) (EU Trade Mark — Application for a figurative EU trade mark representing red shoe lace aglets — Rejection of application — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Essentially identical previous application — No res judicata — Obligation to state reasons — Right to be heard — Article 94(1) of Regulation 2017/1001 — Examination of the facts by EUIPO of its own motion — Article 95 of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62019TA0298
62019TA0298
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Official Journal of the European Union
C 24/27
(Case T-298/19) (*)
(EU Trade Mark - Application for a figurative EU trade mark representing red shoe lace aglets - Rejection of application - Absolute grounds for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Essentially identical previous application - No res judicata - Obligation to state reasons - Right to be heard - Article 94(1) of Regulation 2017/1001 - Examination of the facts by EUIPO of its own motion - Article 95 of Regulation 2017/1001)
(2022/C 24/33)
Language of the case: German
Parties
Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, S. Hanne and M. Eberl, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 March 2019 (Case R 1170/2018-5), concerning an application for registration of a figurative sign representing red shoe lace aglets as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Think Schuhwerk GmbH to pay the costs.
(*)
Language of the case: German
ECLI:EU:C:2022:140