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18.2.2019 |
EN |
Official Journal of the European Union |
C 65/38 |
Order of the General Court of 11 December 2018 — Hamburg Beer Company v EUIPO (Hamburg BEER COMPANY)
(Case T-5/18) (1)
((EU trade mark - Application for EU figurative mark Hamburg BEER COMPANY - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001) - Action manifestly lacking any foundation in law))
(2019/C 65/48)
Language of the case: German
Parties
Applicant: Hamburg Beer Company GmbH (Hamburg, Germany) (represented by: O. Spieker, A. Schönfleisch and M. Alber, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 September 2017 (Case R 436/2017-5) concerning an application for registration of the figurative sign Hamburg BEER COMPANY as an EU trade mark.
Operative part of the order
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1. |
The action is dismissed as manifestly lacking any foundation in law. |
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2. |
Hamburg Beer Company GmbH shall pay the costs. |