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Case T-253/20: Judgment of the General Court of 20 January 2021 — Oatly v EUIPO (IT’S LIKE MILK BUT MADE FOR HUMANS) (EU trade mark — Application for the EU word mark IT’S LIKE MILK BUT MADE FOR HUMANS — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62020TA0253
62020TA0253
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Official Journal of the European Union
C 72/25
(Case T-253/20) (*)
(EU trade mark - Application for the EU word mark IT’S LIKE MILK BUT MADE FOR HUMANS - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2021/C 72/37)
Language of the case: English
Parties
Applicant: Oatly AB (Malmö, Sweden) (represented by: M. Johansson, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 7 February 2020 (Case R 2446/2019-5), regarding an application for registration of the word sign IT’S LIKE MILK BUT MADE FOR HUMANS as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 February 2020 (Case R 2446/2019-5), regarding an application for registration of the word sign IT’S LIKE MILK BUT MADE FOR HUMANS as an EU trade mark;
2.Orders EUIPO to bear its own costs and to pay those incurred by Oatly AB.
(*)
Language of the case: English
OJ C 215, 29.6.2020.