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Case T-1100/23: Judgment of the General Court of 6 November 2024 – IN tIME Express Logistik v EUIPO (inTime AGILE LOGISTICS) (EU trade mark – Application for EU figurative mark inTime Agile Logistics – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62023TA1100
62023TA1100
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Official Journal of the European Union
C series
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C/2025/69
(Case T-1100/23)
(EU trade mark - Application for EU figurative mark inTime Agile Logistics - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)
(C/2025/69)
Language of the case: German
Parties
Applicant: IN tIME Express Logistik GmbH (Isernhagen, Germany) (represented by: T. Wittwer, lawyer)
Defendant: European Union Intellectual Property Office (represented by: T. Klee, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 September 2023 (Case R 1134/2023-1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders IN tIME Express Logistik GmbH and the European Union Intellectual Property Office (EUIPO) each to bear their own costs.
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Language of the case: German.
ELI: http://data.europa.eu/eli/C/2025/69/oj
ISSN 1977-091X (electronic edition)
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ECLI:EU:C:2025:140
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(C/2025/69)