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Case T-280/21: Judgment of the General Court of 30 March 2022 — Daimler v EUIPO (Representation of three-pointed stars on a black background III) (EU trade mark — Application for EU figurative mark — Representation of three-pointed stars on a black background III — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62021TA0280
62021TA0280
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Official Journal of the European Union
C 213/38
(Case T-280/21) (*)
(EU trade mark - Application for EU figurative mark - Representation of three-pointed stars on a black background III - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2022/C 213/52)
Language of the case: German
Parties
Applicant: Daimler AG (Stuttgart, Germany) (represented by: N. Siebertz, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Schäfer and E. Markakis, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 March 2021 (Case R 1897/2020-5), concerning an application for registration of a figurative sign representing three-pointed stars on a black background III as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Daimler AG to pay the costs.
(*)
Language of the case: German.
ECLI:EU:C:2022:140