Ultrasun v EUIPO (EU trade mark - Order) French Text [2021] EUECJ C-722/20P_CO (25 March 2021)

Ultrasun v EUIPO (EU trade mark - Order) French Text [2021] EUECJ C-722/20P_CO (25 March 2021)

The applicant failed to demonstrate that the appeal raises an important question for the unity, coherence or development of EU law as required by Article 58 bis of the Statute. The arguments presented were general and not sufficiently concrete or specific to the case. Therefore, the appeal is not admitted.

Source-derived case information.

Citation
[2021] EUECJ C-722/20P_CO
Parties
Applicant: Ultrasun AG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Appeal / Order on Admission of Appeal
Outcome
Appeal not admitted
Legal Topics
EU Trade Mark, Admissibility of Appeal, Absolute Grounds for Refusal, Descriptiveness
Intellectual Property European Union Law EU Trade Mark Admissibility of Appeal Absolute Grounds for Refusal Descriptiveness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ultrasun AG

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Procedural Posture

EU Trade Mark Appeal / Order on Admission of Appeal

  1. 1 Whether the appeal raises an important question for the unity, coherence or development of EU law under Article 58 bis of the Statute of the Court of Justice of the European Union
  2. 2 Whether the General Court erred in law in its interpretation of Article 7(1)(c) of Regulation (EU) 2017/1001 regarding descriptiveness of a figurative mark

Ratio Decidendi

The applicant failed to demonstrate that the appeal raises an important question for the unity, coherence or development of EU law as required by Article 58 bis of the Statute. The arguments presented were general and not sufficiently concrete or specific to the case. Therefore, the appeal is not admitted.

Court Disposition

Appeal not admitted

Orders

  • The appeal is not admitted.
  • Ultrasun AG shall bear its own costs.