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Case T-19/20: Order of the General Court of 12 February 2021 — sprd.net v EUIPO — Shirtlabor (I love) (Action for annulment — EU trade mark — Invalidity proceedings — EU figurative mark I love — 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) — Trade mark consisting of an advertising slogan — Obligation to state reasons — Article 94(1) of Regulation 2017/1001 — Inapplicability of Article 16(1)(a) of Delegated Regulation (EU) 2018/625 — Admissibility of evidence — Article 97(1) of Regulation 2017/1001 — Impartiality — Article 95(1) of Regulation 2017/1001 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62020TB0019
62020TB0019
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Official Journal of the European Union
C 138/31
(Case T-19/20) (*)
(Action for annulment - EU trade mark - Invalidity proceedings - EU figurative mark I love - 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) - Trade mark consisting of an advertising slogan - Obligation to state reasons - Article 94(1) of Regulation 2017/1001 - Inapplicability of Article 16(1)(a) of Delegated Regulation (EU) 2018/625 - Admissibility of evidence - Article 97(1) of Regulation 2017/1001 - Impartiality - Article 95(1) of Regulation 2017/1001 - Action manifestly lacking any foundation in law)
(2021/C 138/42)
Language of the case: German
Parties
Applicant: sprd.net AG (Leipzig, Germany) (represented by: J. Hellenbrand, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Shirtlabor GmbH (Münster, Germany) (represented by: O. Wallscheid, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 October 2019 (Case R 5/2019-5), relating to invalidity proceedings between Shirtlabor and sprd.net.
Operative part of the order
1.The action is dismissed.
3.Shirtlabor GmbH shall bear its own costs.
(*) Language of the case: German.
ECLI:EU:C:2021:140
* * *