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Case T-385/15: Judgment of the General Court of 14 June 2016 — Loops v EUIPO (Shape of a toothbrush) (EU trade mark — International registration designating the European Union — Three-dimensional mark — Shape of a toothbrush — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0385
62015TA0385
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25.7.2016
Official Journal of the European Union
C 270/41
(Case T-385/15)(1)
((EU trade mark - International registration designating the European Union - Three-dimensional mark - Shape of a toothbrush - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2016/C 270/46)
Language of the case: English
Parties
Applicant: Loops, LLC (Dover, Delaware, United States) (represented by: T. Schmidpeter, lawyer)
Defendant: European Union Intellectual Property Office (represented by: W. Schramek and A. Schifko, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 30 April 2015 (Case R 1917/2014-2), concerning an application for registration of a three-dimensional sign consisting of the shape of a toothbrush as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Loops, LLC, to pay the costs.
OJ C 302, 14.9.2015.