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Case T-168/21: Judgment of the General Court of 5 October 2022 — Magnetec v EUIPO (Light blue) (EU trade mark — Application for an EU trade mark consisting of a shade of light blue — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Limitation of goods designated by the trade mark application — Article 49(1) of Regulation 2017/1001 — Requirements of clarity and precision — Article 33(2) of Regulation 2017/1001 — Obligation to state reasons — Article 94(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62021TA0168
62021TA0168
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Official Journal of the European Union
C 463/28
(Case T-168/21) (*)
(EU trade mark - Application for an EU trade mark consisting of a shade of light blue - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Limitation of goods designated by the trade mark application - Article 49(1) of Regulation 2017/1001 - Requirements of clarity and precision - Article 33(2) of Regulation 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)
(2022/C 463/37)
Language of the case: German
Parties
Applicant: Magnetec GmbH (Langenselbold, Germany) (represented by: M. Kloth, R. Briske and D. Habel, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl and E. Markakis, 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 18 January 2021 (Case R 217/2020-4).
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 18 January 2021 (Case R 217/2020-4);
2.Orders EUIPO to pay the costs.
(*) Language of the case: German.
* * *
(1) OJ C 217, 7.6.2021.