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Case T-776/21: Judgment of the General Court of 26 October 2022 — Gameageventures v EUIPO — (GAME TOURNAMENTS) (EU trade mark — Application for EU figurative mark GAME TOURNAMENTS — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Descriptive character — Article 7(1)(c) of Regulation 2017/1001 — No distinctive character acquired through use — Article 7(3) of Regulation 2017/1001 — Obligation to state reasons — Article 94(1) of Regulation 2017/1001 — Right to be heard — Equal treatment — Principle of sound administration)

ECLI:EU:UNKNOWN:62021TA0776

62021TA0776

October 26, 2022
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Official Journal of the European Union

C 7/31

(Case T-776/21) (1)

(EU trade mark - Application for EU figurative mark GAME TOURNAMENTS - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Descriptive character - Article 7(1)(c) of Regulation 2017/1001 - No distinctive character acquired through use - Article 7(3) of Regulation 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001 - Right to be heard - Equal treatment - Principle of sound administration)

(2023/C 7/39)

Language of the case: English

Parties

Applicant: Gameageventures LLP (Folkestone, United Kingdom) (represented by: S. Santos Rodríguez, lawyer)

Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, acting as Agent)

Re:

By its action based on 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 5 October 2021 (Case R 211/2021-5).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Gameageventures LLP to pay the costs.

(1) OJ C 64, 7.2.2022.

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