Judgment of the General Court of 20 December 2023 – The Mochi Ice Cream Company v EUIPO (my mochi)
(Case T-189/23) 1
(EU trade mark – International registration designating the European Union – Figurative mark my mochi – Absolute ground for refusal – No distinctive character – Promotional slogan – Article 7(1)(b) and (2) of Regulation (EU) 2017/1001)
Language of the case: English
Parties
Applicant: The Mochi Ice Cream Company LLC (Vernon, California, United States) (represented by: A. Zalewska-Orabona, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 January 2023 (Case R 1684/2022 2).
Operative part of the judgment
The Court:
Dismisses the action;
Orders each party to bear its own costs.
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1 OJ C 189, 30.5.2023.