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Case T-621/21: Judgment of the General Court of 26 October 2022 — Lemken v EUIPO (shade of sky blue) (EU trade mark — Application for an EU trade mark consisting of a shade of sky blue — Absolute grounds for refusal — No descriptive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — No distinctive character acquired through use — Article 7(3) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62021TA0621
62021TA0621
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9.1.2023
Official Journal of the European Union
C 7/29
(Case T-621/21) (*)
(EU trade mark - Application for an EU trade mark consisting of a shade of sky blue - Absolute grounds for refusal - No descriptive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - No distinctive character acquired through use - Article 7(3) of Regulation 2017/1001)
(2023/C 7/37)
Language of the case: German
Parties
Applicant: Lemken GmbH & Co. KG (Alpen, Germany) (represented by: I. Kuschel and W. von der Osten-Sacken, lawyers)
Defendant: European Union Intellectual Property Office (represented by: T. Klee and E. Markakis, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 July 2021 (Case: R 2037/2020-1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Lemken GmbH & Co. KG to pay the costs.
(*)
Language of the case: German.
ECLI:EU:C:2023:140