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Case T-437/20: Order of the General Court of 25 February 2021 — Ultrasun v EUIPO (ULTRASUN) (Action for annulment — EU trade mark — Application for the EU word mark ULTRASUN — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62020TB0437
62020TB0437
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Official Journal of the European Union
C 163/34
(Case T-437/20) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment - EU trade mark - Application for the EU word mark ULTRASUN - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)
(2021/C 163/46)
Language of the case: German
Parties
Applicant: Ultrasun AG (Zurich, Switzerland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 April 2020 (Case R 1453/2019-4), concerning an application for registration of the word sign ULTRASUN as an EU trade mark.
Operative part of the order
1.The action is dismissed.
2.Ultrasun AG shall pay the costs.
(<span class="oj-super">1</span>) OJ C 279, 24.8.2020.