This document is an excerpt from the EUR-Lex website
Document 62020TA0658
Case T-658/20: Judgment of the General Court of 17 November 2021 — Jakober v EUIPO (Shape of a cup) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a cup — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001))
Case T-658/20: Judgment of the General Court of 17 November 2021 — Jakober v EUIPO (Shape of a cup) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a cup — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001))
Case T-658/20: Judgment of the General Court of 17 November 2021 — Jakober v EUIPO (Shape of a cup) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a cup — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001))
OJ C 24, 17.1.2022, p. 34–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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17.1.2022 |
EN |
Official Journal of the European Union |
C 24/34 |
Judgment of the General Court of 17 November 2021 — Jakober v EUIPO (Shape of a cup)
(Case T-658/20) (1)
(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a cup - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001))
(2022/C 24/44)
Language of the case: German
Parties
Applicant: Philip Jakober (Stuttgart, Germany) (represented by: J. Klink, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, D. Hanf and M. Eberl, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 August 2020 (Case R 554/2020-5), concerning an application for registration of a three-dimensional sign comprising the shape of a cup as an EU trade mark.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Mr Philip Jakober to pay the costs. |