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Case T-488/20: Judgment of the General Court of 14 July 2021 — Guerlain v EUIPO (Shape of an oblong, tapered and cylindrical lipstick) (EU trade mark — Application for registration of a three-dimensional EU trade mark — Shape of an oblong, tapered and cylindrical lipstick — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62020TA0488
62020TA0488
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30.8.2021
Official Journal of the European Union
C 349/36
(Case T-488/20) (*)
(EU trade mark - Application for registration of a three-dimensional EU trade mark - Shape of an oblong, tapered and cylindrical lipstick - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2021/C 349/50)
Language of the case: French
Parties
Applicant: Guerlain (Paris, France) (represented by: T. de Haan, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Pétrequin, A. Folliard-Monguiral and V. Ruzek, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 2 June 2020 (Case R 2292/2019-1), relating to an application for registration of a three-dimensional sign consisting in the shape of an oblong, tapered and cylindrical lipstick as an EU trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 June 2020 (Case R 2292/2019-1);
2.Orders EUIPO to pay the costs, including the costs necessarily incurred by Guerlain for the purposes of the proceedings before the Board of Appeal of EUIPO.
(*)
Language of the case: French
ECLI:EU:C:2021:140
(2021/C 349/50)
* * *
Language of the case: French