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Case T-5/18: Order of the General Court of 11 December 2018 — Hamburg Beer Company v EUIPO (Hamburg BEER COMPANY) (EU trade mark — Application for EU figurative mark Hamburg BEER COMPANY — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62018TB0005
62018TB0005
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Official Journal of the European Union
C 65/38
(Case T-5/18) (*)
((EU trade mark - Application for EU figurative mark Hamburg BEER COMPANY - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001) - Action manifestly lacking any foundation in law)
(2019/C 65/48)
Language of the case: German
Parties
Applicant: Hamburg Beer Company GmbH (Hamburg, Germany) (represented by: O. Spieker, A. Schönfleisch and M. Alber, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 September 2017 (Case R 436/2017-5) concerning an application for registration of the figurative sign Hamburg BEER COMPANY as an EU trade mark.
Operative part of the order
1.The action is dismissed as manifestly lacking any foundation in law.
2.Hamburg Beer Company GmbH shall pay the costs.
(*) Language of the case: German.
OJ C 72, 26.2.2018.
* * *
ECLI:EU:C:2019:140