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Case T-387/17: Judgment of the General Court of 16 May 2018 — Triggerball v EUIPO (Shape of a ball-like object with edges) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a ball-like object with edges — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0387
62017TA0387
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(Case T-387/17) (*1)
‘(EU trade mark — Application for a three-dimensional EU trade mark — Shape of a ball-like object with edges — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))’
Language of the case: German
Parties
Applicant: Triggerball GmbH (Baiern-Piusheim, Germany) (represented by: H. Emrich, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 April 2017 (Case R 376/2017-4), concerning an application for registration of a three-dimensional sign consisting of the shape of a ball-like object with edges as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Triggerball GmbH to pay the costs.
*
(*1) OJ C 256, 7.8.2017.