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Case T-862/19: Judgment of the General Court of 25 November 2020 — Brasserie St Avold v EUIPO (shape of a dark bottle) (EU trade mark — International registration designating the European Union — Three-dimensional sign — Shape of a dark bottle — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)

ECLI:EU:UNKNOWN:62019TA0862

62019TA0862

November 25, 2020
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Official Journal of the European Union

C 28/43

(Case T-862/19) (*)

(EU trade mark - International registration designating the European Union - Three-dimensional sign - Shape of a dark bottle - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2021/C 28/66)

Language of the case: French

Parties

Applicant: Brasserie St Avold (Saint-Avold, France) (represented by: P. Greffe, D. Brun and F. Donaud, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and V. Ruzek, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 October 2019 (Case R 466/2019-4), concerning the international registration designating the European Union of a three-dimensional sign consisting of the shape of a dark bottle.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Brasserie St Avold to pay the costs.

(*) Language of the case: French.

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