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Case T-34/19: Judgment of the General Court of 11 September 2019 — Orkla Foods Danmark v EUIPO (PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD) (EU trade mark — Application for EU figurative mark PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62019TA0034
62019TA0034
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Valentina R., lawyer
25.11.2019
Official Journal of the European Union
C 399/58
(Case T-34/19) (*)
(EU trade mark - Application for EU figurative mark PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2019/C 399/71)
Language of the case: Danish
Parties
Applicant: Orkla Foods Danmark A/S (Taastrup, Denmark) (represented by: S. Hansen, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. García Murillo and J.F. Crespo Carrillo, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 1 October 2018 (Case R 309/2018-2), relating to an application for registration of the figurative sign PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Orkla Foods Danmark A/S to pay the costs.
(*)
OJ C 112, 25.3.2019.