Judgment of the General Court of 17 November 2021 – Jakober v EUIPO (Shape of a cup)
(Case T-658/20) 1
(EU trade mark – Application for a three-dimensional EU trade mark – Shape of a cup – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Lack of distinctive character acquired through use – Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001))
Language of the case: German
Parties
Applicant: Philip Jakober (Stuttgart, Germany) (represented by: J. Klink, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, D. Hanf and M. Eberl, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 August 2020 (Case R 554/2020-5), concerning an application for registration of a three-dimensional sign comprising the shape of a cup as an EU trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Mr Philip Jakober to pay the costs.
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1 OJ C 433, 14.12.2020.