28.1.2019
EN
Official Journal of the European Union
C 35/23
Judgment of the General Court of 21 November 2018 — Bopp v EUIPO (Representation of an equilateral octagon)
(Case T-460/17) (1)
((EU trade mark - Application for an EU figurative mark representing a blue octagonal frame - Absolute ground for refusal - Distinctive character - Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 (now Article 7(1)(b) and Article 94 of Regulation (EU) 2017/1001))
(2019/C 35/28)
Language of the case: German
Parties
Applicant: Carsten Bopp (Glashütten, Germany) (represented by: F. Pröckl, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Söder and D. Walicka, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 May 2017 (Case R 1954/2016-4) concerning an application for registration of a figurative sign representing a blue octagonal frame as an EU trade mark.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Mr Carsten Bopp to pay the costs.
(1) OJ C 300, 11.9.2017.
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