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Case T-68/18: Judgment of the General Court of 24 September 2019 — Fränkischer Weinbauverband v EUIPO (Shape of an ellipsoidal bottle) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a bulbous ellipsoidal bottle, flattened on the front and back — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62018TA0068
62018TA0068
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Official Journal of the European Union
C 413/47
(Case T-68/18) (*)
(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a bulbous ellipsoidal bottle, flattened on the front and back - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2019/C 413/55)
Language of the case: German
Parties
Applicant: Fränkischer Weinbauverband eV (Würzburg, Germany) (represented by: L. Petri and M. Gilch, lawyers)
Defendant: European Union Intellectual Property Office (represented by: W. Schramek, M. Fischer and D. Walicka, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 December 2017 (Case R 413/2017-4), relating to an application for registration of a three-dimensional sign constituted by the shape of bulbous ellipsoidal bottle, flattened on the front and back.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Fränkischer Weinbauverband eV to pay the costs.
(*)
Language of the case: German.