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Case T-184/17: Judgment of the General Court of 13 September 2018 — Leifheit v EUIPO (Position of four green squares on a scale) (EU trade mark — Application for EU trade mark consisting of four green squares on a scale — 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:62017TA0184
62017TA0184
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29.10.2018
Official Journal of the European Union
C 392/27
(Case T-184/17) (*)
((EU trade mark - Application for EU trade mark consisting of four green squares on a scale - 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 392/33)
Language of the case: German
Parties
Applicant: Leifheit AG (Nassau, Germany) (represented by: G. Hasselblatt, V. Töbelmann and P. Schneider, lawyers)
Defendant: European Union Intellectual Property Office (represented initially by: V. Mensing and A. Schifko, and subsequently by: V. Mensing and D. Hanf, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 9 January 2017 (Case R 1115/2016-1) concerning an application for registration of a sign consisting of four green squares on a scale as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Leifheit AG to pay the costs.
(*) Language of the case: German.
(1) OJ C 161, 22.5.2017.