16.8.2021

Official Journal of the European Union

C 329/28

(Case T-464/20) (*)

(EU trade mark - Application for the EU figurative mark YOUR DAILY PROTEIN - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)

(2021/C 329/37)

Language of the case: German

Parties

Applicant: Eggy Food GmbH & Co. KG (Osnabrück, Germany) (represented by: J. Eberhardt, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 May 2020 (R 2235/2019-5), concerning an application for registration of the figurative sign YOUR DAILY PROTEIN as an EU trade mark.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Eggy Food GmbH & Co. KG to pay the costs.

(*)

Language of the case: German.

OJ C 297, 7.9.2020.

ECLI:EU:C:2021:140