25.10.2021

Official Journal of the European Union

C 431/34

(Case T-489/20) (*)

(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a spherical container - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2007/1001))

(2021/C 431/40)

Language of the case: German

Parties

Applicant: Eos Products Sàrl (Luxembourg, Luxembourg) (represented by: S. Stolzenburg-Wiemer, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka and M. Eberl, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 June 2020 (Case R 2017/2019-4), relating to an application for registration of a three-dimensional sign constituted by the shape of a spherical container as an EU trade mark.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Eos Products Sàrl to pay the costs.

(*)

Language of the case: German.

(1) OJ C 313, 21.9.2020.