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Case T-259/21: Judgment of the General Court of 12 January 2022 — Neolith Distribution v EUIPO (Representation of an ornamental pattern) (EU trade mark — Application for an EU pattern mark — Representation of an ornamental pattern — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62021TA0259
62021TA0259
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14.3.2022
Official Journal of the European Union
C 119/39
(Case T-259/21) (*)
(EU trade mark - Application for an EU pattern mark - Representation of an ornamental pattern - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2022/C 119/53)
Language of the case: Spanish
Parties
Applicant: Neolith Distribution, SL (Madrid, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 March 2021 (Case R 2155/2020-4), regarding an application for registration of a pattern sign representing an ornamental pattern as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Neolith Distribution, SL, to pay the costs.
(*)
Language of the case: Spanish
ECLI:EU:C:2022:140