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Case T-132/21: Judgment of the General Court of 9 March 2022 — Telefónica Germany v EUIPO (LOOP) (EU trade mark — Application for the EU word mark LOOP — Partial rejection of the application for registration — Absolute grounds of refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Objective characteristics inherent in the nature of the products and services — Sufficiently direct and specific relationship — Obligation to state reasons — Article 94 of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62021TA0132
62021TA0132
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16.5.2022
Official Journal of the European Union
C 198/41
(Case T-132/21) (*)
(EU trade mark - Application for the EU word mark LOOP - Partial rejection of the application for registration - Absolute grounds of refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Objective characteristics inherent in the nature of the products and services - Sufficiently direct and specific relationship - Obligation to state reasons - Article 94 of Regulation (EU) 2017/1001)
(2022/C 198/58)
Language of the case: German
Parties
Applicant: Telefónica Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)
Defendant: European Union Intellectual Property Office (represented by: S. Scardocchia and E. Markakis, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 17 December 2020 (Case R 644/2020-4) relating to an application for registration of the word sign LOOP as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 December 2020 (Case R 644/2020-4) in so far as it concerns the goods in Class 9 and the services in Classes 38 and 42 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;
2.Dismisses the action as to the remainder;
3.Orders Telefónica Germany GmbH & Co. OHG to bear one third of its own costs, including one third of the costs incurred by it for the purposes of the proceedings before the Board of Appeal;
4.Orders EUIPO to bear its own costs and to pay two thirds of the costs incurred by Telefónica Germany, including two thirds of the costs incurred by Telefónica Germany for the purposes of the proceedings before the Board of Appeal.
(*)
Language of the case: German
ECLI:EU:C:2022:198
* * *