20.5.2019
EN
Official Journal of the European Union
C 172/33
Judgment of the General Court of 4 April 2019 — Stada Arzneimittel v EUIPO (Representation of two facing arches)
(Case T-804/17) (1)
(EU trade mark - Application for an EU figurative mark representing two facing arches - 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))
(2019/C 172/45)
Language of the case: German
Parties
Applicant: Stada Arzneimittel AG (Bad Vilbel, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)
Defendant: European Union Intellectual Property Office (represented initially by D. Hanf and D. Walicka and subsequently by D. Hanf and E. Markakis, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 20 September 2017 (Case R 1887/2016-1) relating to an application for registration of a figurative sign representing two facing arches as an EU trade mark.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Stada Arzneimittel AG to pay the costs.
(1) OJ C 42, 5.2.2018.
Full & Egal Universal Law Academy