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Case T-804/17: Judgment of the General Court of 4 April 2019 — Stada Arzneimittel v EUIPO (Representation of two facing arches) (EU trade mark — Application for an EU figurative mark representing two facing arches — 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))
ECLI:EU:UNKNOWN:62017TA0804
62017TA0804
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Official Journal of the European Union
C 172/33
(Case T-804/17) (*)
(EU trade mark - Application for an EU figurative mark representing two facing arches - 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))
(2019/C 172/45)
Language of the case: German
Parties
Applicant: Stada Arzneimittel AG (Bad Vilbel, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)
Defendant: European Union Intellectual Property Office (represented initially by D. Hanf and D. Walicka and subsequently by D. Hanf and E. Markakis, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 20 September 2017 (Case R 1887/2016-1) relating to an application for registration of a figurative sign representing two facing arches as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Stada Arzneimittel AG to pay the costs.
(*)
Language of the case: German.
* * *