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Case T-365/20: Order of the General Court of 2 June 2021 — Birkenstock Sales v EUIPO (Wavy crisscrossing lines on the sole of a shoe) (Action for annulment — EU trade mark — Application for an EU trade mark consisting in wavy crisscrossing lines on the sole of a shoe — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62020TB0365
62020TB0365
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26.7.2021
Official Journal of the European Union
C 297/43
(Case T-365/20) (*)
(Action for annulment - EU trade mark - Application for an EU trade mark consisting in wavy crisscrossing lines on the sole of a shoe - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Action manifestly lacking any foundation in law)
(2021/C 297/54)
Language of the case: German
Parties
Applicant: Birkenstock Sales GmbH (Linz am Rhein, Germany) (represented by: C. Menebröcker and K. Middelhoff, lawyers)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 19 March 2020 (Case R 1706/2019-1), concerning an application for registration of a sign consisting in wavy crisscrossing lines on the sole of a shoe as an EU trade mark.
Operative part of the order
1.The action is dismissed.
2.Birkenstock Sales GmbH shall pay the costs.
(*)
Language of the case: German.
* * *
(1) OJ C 255, 3.8.2020.