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Case T-762/17: Judgment of the General Court of 20 March 2019 — Grammer v EUIPO (Representation of a shape) (EU trade mark — Application for EU figurative mark representing a shape — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0762
62017TA0762
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Official Journal of the European Union
C 155/41
(Case T-762/17) (<span class="super note-tag">1</span>)
(EU trade mark - Application for EU figurative mark representing a shape - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))
(2019/C 155/49)
Language of the case: German
Parties
Applicant: Grammer AG (Amberg, Germany) (represented by: J. Bühling and D. Graetsch, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 September 2017 (Case R 2250/2016-4), concerning an application for registration of a shape as an EU figurative mark.
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 6 September 2017 (Case R-2250/2016).
2.Orders EUIPO to pay the costs, including the costs necessarily incurred by Grammer AG for the purposes of the proceedings before the Board of Appeal of EUIPO.
(<span class="note">1</span>) OJ C 22, 22.1.2018.