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Case T-38/20: Order of the General Court of 15 October 2020 — Lotto24 v EUIPO (LOTTO24) (EU trade mark — Application for EU figurative mark LOTTO24 — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Article 7(2) of Regulation 2017/1001 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62020TB0038
62020TB0038
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11.1.2021
Official Journal of the European Union
C 9/22
(Case T-38/20) (<span class="oj-super oj-note-tag">1</span>)
(EU trade mark - Application for EU figurative mark LOTTO24 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Article 7(2) of Regulation 2017/1001 - Action manifestly lacking any foundation in law)
(2021/C 9/32)
Language of the case: German
Parties
Applicant: Lotto24 AG (Hamburg, Germany) (represented by: O. Brexl, lawyer)
Defendant: European Union Intellectual Property Office (represented by: R. Manea and A. Söder, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 5 November 2019 (Case R 1216/2019-2), concerning an application for registration of the figurative sign LOTTO24 as an EU trade mark.
Operative part of the order
1.The action is dismissed.
2.Lotto24 AG shall pay the costs.
(<span class="oj-super">1</span>) OJ C 77, 9.3.2020.
Language of the case: German