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Case T-1096/23: Judgment of the General Court of 26 March 2025 – Lotus Bakeries v EUIPO (Combination of the colours red and white) (EU trade mark – Application for an EU trade mark consisting of a combination of the colours red and white – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Proportionality – Equal treatment – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Request for referral to the Grand Chamber – Article 28 of the Rules of Procedure of the General Court)
ECLI:EU:UNKNOWN:62023TA1096
62023TA1096
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Official Journal of the European Union
C series
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C/2025/2534
12.5.2025
(Case T-1096/23)
(EU trade mark - Application for an EU trade mark consisting of a combination of the colours red and white - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Proportionality - Equal treatment - Obligation to state reasons - Article 94(1) of Regulation 2017/1001 - Request for referral to the Grand Chamber - Article 28 of the Rules of Procedure of the General Court)
(C/2025/2534)
Language of the case: English
Parties
Applicant: Lotus Bakeries (Lembeke, Belgium) (represented by: C. Gommers and E. de Pauw, lawyers)
Defendant: European Union Intellectual Property Office (represented by: T. Klee and V. Ruzek, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 September 2023 (Case R 730/2023-1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Lotus Bakeries to pay the costs.
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OJ C C/2024/755, 22.1.2024.
ELI: http://data.europa.eu/eli/C/2025/2534/oj
ISSN 1977-091X (electronic edition)
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