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Case T-668/19: Judgment of the General Court of 7 July 2021 — Ardagh Metal Beverage Holdings v EUIPO (Combination of sounds on opening a can of soft drink) (EU trade mark — Application for an EU trade mark consisting of a combination of sounds on opening a can of soft drink — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Article 95(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62019TA0668
62019TA0668
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16.8.2021
Official Journal of the European Union
C 329/20
(Case T-668/19) (*)
(EU trade mark - Application for an EU trade mark consisting of a combination of sounds on opening a can of soft drink - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Article 95(1) of Regulation 2017/1001)
(2021/C 329/25)
Language of the case: German
Parties
Applicant: Ardagh Metal Beverage Holdings GmbH & Co. KG (Bonn, Germany) (represented by: S. Abrar, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, D. Hanf and D. Walicka, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 24 July 2019 (Case R 530/2019-2), concerning an application for registration of a combination of sounds on opening a can of soft drink as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs incurred before the General Court;
3.Orders Ardagh Metal Beverage Holdings GmbH & Co. KG to bear its own costs incurred before the General Court and the expenses necessarily incurred for the purpose of the proceedings before the Board of Appeal of EUIPO.
(*)
Language of the case: German.
ECLI:EU:C:2021:140