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(EU trade mark – Invalidity proceedings – Application for an EU figurative mark representing a lobster – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – No descriptive character – Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) – Right to be heard – Article 94 of Regulation 2017/1001)
Dochirnie pidpryiemstvo Kondyterska korporatsiia ‘Roshen’, established in Kiev (Ukraine), represented by I. Lukauskienė, lawyer,
European Union Intellectual Property Office (EUIPO), represented by A. Folliard‑Monguiral and V. Ruzek, acting as Agents,
the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being
PAO Moscow Confectionery Factory ‘Krasnyj Octyabr’, established in Moscow (Russia), represented by M. Geitz and J. Stock, lawyers,
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[2023] ECHR 69
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