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Case T-489/20: Judgment of the General Court of 8 September 2021 — Eos Products v EUIPO (Shape of a spherical container) (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))
ECLI:EU:UNKNOWN:62020TA0489
62020TA0489
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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.