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Case T-113/23: Judgment of the General Court of 8 November 2023 — Papier-Mettler v EUIPO (Shape of a bag) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a bag — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62023TA0113
62023TA0113
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Official Journal of the European Union
Series C
C/2024/549
(Case T-113/23) (*)
(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a bag - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(C/2024/549)
Language of the case: German
Parties
Applicant: Papier-Mettler KG (Morbach, Germany) (represented by: D. Graetsch and M. Bergermann, lawyers)
Defendant: European Union Intellectual Property Office (represented by: T. Klee, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 December 2022 (Case R 764/2022-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders each party to bear its own costs.
(*)
OJ C 127, 11.4.2023.
ELI: http://data.europa.eu/eli/C/2024/549/oj
ISSN 1977-091X (electronic edition)