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Case T-751/21: Order of the General Court of 16 December 2022 — EMS v EUIPO (AIRFLOW) (Action for annulment — EU trade mark — International registration designating the European Union — Word mark AIRFLOW — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62021TB0751
62021TB0751
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Official Journal of the European Union
C 63/50
(Case T-751/21) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment - EU trade mark - International registration designating the European Union - Word mark AIRFLOW - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)
(2023/C 63/65)
Language of the case: English
Parties
Applicant: EMS Electro Medical Systems GmbH (Munich, Germany) (represented by: K. Scheib and C. Schulte, lawyers)
Defendant: European Union Intellectual Property Office (represented by: T. Klee and E. Nicolás Gómez, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 September 2021 (Case R 546/2021-4).
Operative part of the order
1.The action is dismissed.
2.EMS Electro Medical Systems GmbH is ordered to pay the costs.
(<span class="oj-super">1</span>) OJ C 64, 7.2.2022.