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Document 62017TJ0601
Judgment of the General Court (Eighth Chamber) of 24 October 2019.
Rubik's Brand Ltd v European Union Intellectual Property Office.
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a cube with surfaces having a grid structure — Absolute ground for refusal — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation 2017/1001) — Sign consisting exclusively of the shape of goods necessary to obtain a technical result — Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Second sentence of Article 75(1) of Regulation No 207/2009 (now the second sentence of Article 94(1) of Regulation 2017/1001) — Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001).
Case T-601/17.
Judgment of the General Court (Eighth Chamber) of 24 October 2019.
Rubik's Brand Ltd v European Union Intellectual Property Office.
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a cube with surfaces having a grid structure — Absolute ground for refusal — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation 2017/1001) — Sign consisting exclusively of the shape of goods necessary to obtain a technical result — Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Second sentence of Article 75(1) of Regulation No 207/2009 (now the second sentence of Article 94(1) of Regulation 2017/1001) — Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001).
Case T-601/17.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2019:765
Judgment of the General Court (Eighth Chamber) of 24 October 2019 –
Rubik’s Brand v EUIPO — Simba Toys (Shape of a cube with surfaces having a grid structure)
(Case T‑601/17)
(EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a cube with surfaces having a grid structure — Absolute ground for refusal — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation 2017/1001) — Sign consisting exclusively of the shape of goods necessary to obtain a technical result — Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Second sentence of Article 75(1) of Regulation No 207/2009 (now the second sentence of Article 94(1) of Regulation 2017/1001) — Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001))
1. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods necessary to obtain a technical result — Concept — Interpretation in the light of the public interest underlying each of them (Council Regulation No 40/94, Art. 7(1)(e)(ii)) (see paras 43-45) |
2. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods necessary to obtain a technical result — Concept — Existence of other shapes allowing the same technical result to be obtained — Not relevant to the ground for refusal (Council Regulation No 40/94, Art. 7(1)(e)(ii)) (see para. 46) |
3. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods necessary to obtain a technical result — Identification of the essential characteristics of a three-dimensional sign (Council Regulation No 40/94, Art. 7(1)(e)(ii)) (see paras 47-49) |
4. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods necessary to obtain a technical result — Assessment of the essential characteristics in the light of the technical function of the goods (Council Regulation No 40/94, Art. 7(1)(e)(ii)) (see paras 50-52) |
5. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods necessary to obtain a technical result — Shape of a cube with surfaces having a grid structure (Council Regulation No 40/94, Art. 7(1)(e)(ii)) (see paras 70, 81, 84, 85, 90-93, 97-99) |
6. |
EU trade mark — Procedural provisions — Examination of the facts of EUIPO’s own motion — Invalidity proceedings concerning absolute grounds for refusal — Examination restricted to the facts, evidence and arguments provided — Well-known facts taken into account (Council Regulation No 207/2009, Art. 76(1)) (see para. 82) |
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 19 June 2017 (Case R 452/2017-1) relating to invalidity proceedings between Simba Toys and Rubik’s Brand.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Rubik’s Brand Ltd to pay the costs. |