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Case T-489/17: Judgment of the General Court of 16 January 2019 — Windspiel Manufaktur v EUIPO (Representation of the position of a bottle closure) (EU trade mark — Application for an EU trade mark representing a bottle closure — Absolute ground for refusal — No 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:62017TA0489
62017TA0489
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11.3.2019
Official Journal of the European Union
C 93/52
(Case T-489/17) (*)
((EU trade mark - Application for an EU trade mark representing a bottle closure - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)))
(2019/C 93/65)
Language of the case: German
Parties
Applicant: Windspiel Manufaktur GmbH (Daun, Germany) (represented by: O. Löffel, lawyer)
Defendant: European Union Intellectual Property Office (represented by: V. Mensing, M. Fischer and D. Walicka, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 1 June 2017 (Case R 1374/2016-4) concerning an application for registration of a sign representing a bottle closure as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Windspiel Manufaktur GmbH to pay the costs.
(*)
OJ C 309, 18.9.2017.