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Case C-783/18 P: Judgment of the Court (Tenth Chamber) of 12 December 2019 — European Union Intellectual Property Office v Wajos GmbH (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — Marks devoid of distinctive character — Three-dimensional marks consisting of the shape of the product — Criteria for the assessment of distinctive character — Obligation to state reasons — Form of a container — Amphora)
ECLI:EU:UNKNOWN:62018CA0783
62018CA0783
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17.2.2020
Official Journal of the European Union
C 54/9
(Case C-783/18 P) (<span class="super note-tag">1</span>)
(Appeal - EU trade mark - Regulation (EC) No 207/2009 - Article 7(1)(b) - Absolute ground for refusal - Marks devoid of distinctive character - Three-dimensional marks consisting of the shape of the product - Criteria for the assessment of distinctive character - Obligation to state reasons - Form of a container - Amphora)
(2020/C 54/11)
Language of the case: German
Parties
Appellant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Other party to the proceedings: Wajos GmbH (represented by: J. Schneiders, R. Krillke and B. Schneiders, Rechtsanwälte)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs and to pay those incurred by Wajos GmbH.
(<span class="note">1</span>) OJ C 112, 25.3.2019.