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Case T-595/17: Judgment of the General Court of 27 September 2018 — Demp v EUIPO (Combination of the colours yellow and grey) (EU trade mark — Application for an EU trade mark consisting of a combination of the colours yellow and grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0595
62017TA0595
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26.11.2018
Official Journal of the European Union
C 427/59
(Case T-595/17) (<span class="super note-tag">1</span>)
(EU trade mark - Application for an EU trade mark consisting of a combination of the colours yellow and grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
(2018/C 427/77)
Language of the case: German
Parties
Applicant: Demp BV (Vianen, Netherlands) (represented by: C. Gehweiler, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO) (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 July 2017 (Case R 1624/2016-5), concerning an application for registration, as an EU trade mark, of a colour sign consisting of a combination of the colours yellow and grey.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Demp BV to pay the costs.
(<span class="note"> <a id="ntr1-C_2018427EN.01005902-E0001" href="#ntc1-C_2018427EN.01005902-E0001">*1</a> </span>) OJ C 357, 23.10.2017.