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Case T-42/19: Judgment of the General Court of 29 January 2020 — Volkswagen v EUIPO (CROSS) (EU trade mark — Application for EU word mark CROSS — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Lack of distinctive character — Article 7(1)(b) of Regulation 2017/1001 — Equal treatment — Obligation to state reasons — Article 94(1)of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62019TA0042
62019TA0042
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Official Journal of the European Union
C 77/46
(Case T-42/19) (*)
(EU trade mark - Application for EU word mark CROSS - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Lack of distinctive character - Article 7(1)(b) of Regulation 2017/1001 - Equal treatment - Obligation to state reasons - Article 94(1)of Regulation 2017/1001)
(2020/C 77/65)
Language of the case: German
Parties
Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: F. Thiering and L. Steidle, lawyers)
Defendant: European Union Intellectual Property Office (represented by: G. Schneider, S. Hanne and E. Markakis, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 14 November 2018 (Case R 2500/2017-1), relating to an application for registration of the word sign CROSS as an EU trade mark,
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Volkswagen AG to pay the costs.
(*) Language of the case: German.
ECLI:EU:C:2020:77
* * *
(1) OJ C 82, 4.3.2019.