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Case T-187/19: Judgment of the General Court of 9 September 2020 — Glaxo Group Ltd v EUIPO (Shade of the colour purple) (EU trade mark — Application for an EU trade mark consisting of a shade of the colour purple — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Lack of distinctive character acquired through use — Article 7(3) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62019TA0187
62019TA0187
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Official Journal of the European Union
C 378/30
(Case T-187/19) (*)
(EU trade mark - Application for an EU trade mark consisting of a shade of the colour purple - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Lack of distinctive character acquired through use - Article 7(3) of Regulation 2017/1001)
(2020/C 378/36)
Language of the case: English
Parties
Applicant: Glaxo Group Ltd (Brentford, United Kingdom) (represented by: S. Malynicz, QC, S. Baran, Barrister, and R. Jacob, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne and H. O’Neill, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 15 January 2019 (Case R 1870/2017-1), concerning an application for registration of a sign consisting of a shade of the colour purple as an EU trade mark:
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Glaxo Group Ltd to pay the costs.
(*)
Language of the case: English.
OJ C 172, 20.5.2019.
* * *
ECLI:EU:C:2020:378
(2020/C 378/36)