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Case T-700/21: Judgment of the General Court of 21 September 2022 — Voco v EUIPO (Shape of packaging) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of packaging — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62021TA0700
62021TA0700
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31.10.2022
Official Journal of the European Union
C 418/33
(Case T-700/21) (*)
(EU trade mark - Application for a three-dimensional EU trade mark - Shape of packaging - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2022/C 418/44)
Language of the case: German
Parties
Applicant: Voco GmbH (Cuxhaven, Germany) (represented by: C. Spintig and S. Pietzcker, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Nicolás Gómez and E. Markakis, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 August 2021 (Case R 117/2021-4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Voco GmbH to pay the costs.
(*)
Language of the case: German.
ECLI:EU:C:2022:140