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Case T-278/21: Judgment of the General Court of 30 March 2022 — Daimler v EUIPO (Representation of three-pointed stars on a black background II) (EU trade mark — Application for EU pattern mark — Representation of three-pointed stars on a black background II — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62021TA0278
62021TA0278
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Official Journal of the European Union
C 213/37
(Case T-278/21) (*)
(EU trade mark - Application for EU pattern mark - Representation of three-pointed stars on a black background II - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2022/C 213/50)
Language of the case: German
Parties
Applicant: Daimler AG (Stuttgart, Germany) (represented by: N. Siebertz, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Schäfer and E. Markakis, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 March 2021 (Case R 1896/2020-5), concerning an application for registration of a pattern sign representing three-pointed stars on a black background II as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Daimler AG to pay the costs.
(*)
Language of the case: German
(1) OJ C 278, 12.7.2021.