Judgment of the General Court of 12 January 2022 – Neolith Distribution v EUIPO (Representation of an ornamental pattern)
(Case T-259/21) 1
(EU trade mark – Application for an EU pattern mark – Representation of an ornamental pattern – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001)
Language of the case: Spanish
Parties
Applicant: Neolith Distribution, SL (Madrid, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 March 2021 (Case R 2155/2020-4), regarding an application for registration of a pattern sign representing an ornamental pattern as an EU trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Neolith Distribution, SL, to pay the costs.
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1 OJ C 252, 28.6.2021.