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Case T-113/21: Judgment of the General Court of 23 March 2022 — Team Beverage v EUIPO (Beverage Analytics) (EU trade mark — Application for EU word mark Beverage Analytics — Absolute ground for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62021TA0113
62021TA0113
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16.5.2022
Official Journal of the European Union
C 198/40
(Case T-113/21) (*)
(EU trade mark - Application for EU word mark Beverage Analytics - Absolute ground for refusal - No distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
(2022/C 198/57)
Language of the case: German
Parties
Applicant: Team Beverage AG (Bremen, Germany) (represented by: O. Spieker, A. Schönfleisch and N. Willich, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 11 December 2020 (Case R 727/2020-5), regarding an application for registration of the word sign Beverage Analytics as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 December 2020 (Case R 727/2020-5) in so far as it refuses registration of the word sign Beverage Analytics as an EU trade mark for ‘Website development software’ and ‘Computer operating programs, recorded’ in Class 9 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and for the services of ‘Creating and maintaining web sites for others’, ‘Transfer of data or documents from physical to electronic data carriers’, ‘Monitoring of computer systems by remote access to ensure proper functioning’, ‘Web site design consultancy’, ‘Digitization of documents’, ‘Duplication of computer programs’, ‘Quality control’, ‘Recovery of computer data’ and ‘Testing and research relating to machines, apparatus and instruments’ in Class 42;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(*) Language of the case: German.
(1) OJ C 128, 12.4.2021.