Judgment of the General Court of 7 July 2021 – Eggy Food v EUIPO (YOUR DAILY PROTEIN)
(Case T-464/20) 1
(EU trade mark – Application for the EU figurative mark YOUR DAILY PROTEIN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001)
Language of the case: German
Parties
Applicant: Eggy Food GmbH & Co. KG (Osnabrück, Germany) (represented by: J. Eberhardt, lawyer)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 May 2020 (R 2235/2019-5), concerning an application for registration of the figurative sign YOUR DAILY PROTEIN as an EU trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Eggy Food GmbH & Co. KG to pay the costs.
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1 OJ C 297, 7.9.2020.