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Joined Cases T-361/23 to T-364/23: Judgment of the General Court of 11 September 2024 – Väderstad v EUIPO (Position of a combination of presentational features) (EU trade mark – Applications for EU trade marks consisting of the position of a combination of presentational features – Subject matter of the dispute – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation 2017/1001)

ECLI:EU:UNKNOWN:62023TA0361

62023TA0361

September 11, 2024
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Official Journal of the European Union

C series

C/2024/6259

28.10.2024

(Joined Cases T-361/23 to T-364/23)

(EU trade mark - Applications for EU trade marks consisting of the position of a combination of presentational features - Subject matter of the dispute - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation 2017/1001)

(C/2024/6259)

Language of the case: English

Parties

Applicant: Väderstad Holding AB (Väderstad, Sweden) (represented by: L. Webster, lawyer)

Defendant: European Union Intellectual Property Office (represented by: T. Klee, acting as Agent)

Re:

By its actions under Article 263 TFEU, the applicant seeks the annulment of the decisions of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 April 2023 (Cases R 58/2021-2 and R 59/2021-2) in so far as they concern ‘seed drills’ and ‘agricultural implements for seedbed preparation, levelling and reconsolidation of soil’, and of the decisions of the Second Board of Appeal of EUIPO of 13 April 2023 (Cases R 60/2021-2 and R 61/2021-2) in so far as they concern ‘planters’.

Operative part of the judgment

The Court:

1.Dismisses the actions;

2.Orders each party to bear its own costs.

OJ C 304, 28.8.2023.

ELI: http://data.europa.eu/eli/C/2024/6259/oj

ISSN 1977-091X (electronic edition)

* * *

Language of the case: English

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