Judgment of the General Court of 31 January 2024 – AirDoctor v EUIPO (AMAZING AIR)
(Case T-269/23) 1
(EU trade mark – Application for the EU word mark AMAZING AIR – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
Parties
Applicant: AirDoctor, LLC (Sherman Oaks, California, United States) (represented by: K. Rantala, lawyer)
Defendant: European Union Intellectual Property Office (represented by N. Lamsters and T. Klee, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 March 2023 (Case R 2299/2022-4).
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders AirDoctor, LLC and the European Union Intellectual Property Office (EUIPO) to bear their own costs.
____________
1 OJ C 235, 3.7.2023