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Case T-658/20: Judgment of the General Court of 17 November 2021 — Jakober v EUIPO (Shape of a cup) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a cup — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62020TA0658
62020TA0658
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Official Journal of the European Union
C 24/34
(Case T-658/20) (*)
(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a cup - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001))
(2022/C 24/44)
Language of the case: German
Parties
Applicant: Philip Jakober (Stuttgart, Germany) (represented by: J. Klink, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, D. Hanf and M. Eberl, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 August 2020 (Case R 554/2020-5), concerning an application for registration of a three-dimensional sign comprising the shape of a cup as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Philip Jakober to pay the costs.
(*)
Language of the case: German
* * *