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Case T-622/20: Judgment of the General Court of 14 July 2021 — Aldi v EUIPO (Cachet) (EU trade mark — Application for the EU word mark Cachet — Absolute grounds for refusal — Descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62020TA0622
62020TA0622
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30.8.2021
Official Journal of the European Union
C 349/37
(Case T-622/20) (*)
(EU trade mark - Application for the EU word mark Cachet - Absolute grounds for refusal - Descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
(2021/C 349/52)
Language of the case: German
Parties
Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, C. Fürsen and M. Minkner, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Śliwińska and D. Hanf, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 August 2020 (Case R 452/2020-4), concerning an application for registration of the word sign Cachet as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 August 2020 (Case R 452/2020-4) in so far as it concerns the ‘sanitary preparations for medical purposes’ referred to in the trade mark application;
2.Dismisses the action as to the remainder;
3.Orders Aldi GmbH & Co. KG and EUIPO to bear their own respective costs.
(*)
Language of the case: German.
OJ C 399, 23.11.2020.