This document is an excerpt from the EUR-Lex website
Document 62017TA0611
Case T-611/17: Judgment of the General Court of 29 March 2019 — All Star v EUIPO — Carrefour Hypermarchés (Shape of a shoe sole) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a shoe sole — Well known facts — Obligation to state reasons — Rights of defence — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) — Rejection of the request to hold a hearing before the Board of Appeal — Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)
Case T-611/17: Judgment of the General Court of 29 March 2019 — All Star v EUIPO — Carrefour Hypermarchés (Shape of a shoe sole) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a shoe sole — Well known facts — Obligation to state reasons — Rights of defence — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) — Rejection of the request to hold a hearing before the Board of Appeal — Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)
Case T-611/17: Judgment of the General Court of 29 March 2019 — All Star v EUIPO — Carrefour Hypermarchés (Shape of a shoe sole) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a shoe sole — Well known facts — Obligation to state reasons — Rights of defence — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) — Rejection of the request to hold a hearing before the Board of Appeal — Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)
IO C 172, 20.5.2019, p. 31–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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20.5.2019 |
EN |
Official Journal of the European Union |
C 172/31 |
Judgment of the General Court of 29 March 2019 — All Star v EUIPO — Carrefour Hypermarchés (Shape of a shoe sole)
(Case T-611/17) (1)
(EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a shoe sole - Well known facts - Obligation to state reasons - Rights of defence - Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) - Distinctive character acquired through use - Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) - Rejection of the request to hold a hearing before the Board of Appeal - Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)
(2019/C 172/43)
Language of the case: French
Parties
Applicant: All Star CV (Beaverton, Oregon, United States) (represented by: R. Kunze, G. Würtenberger, lawyers, and S. Malynicz QC)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carrefour Hypermarchés (Évry, France) (represented by: C. Verneret, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 June 2017 (Case R 952/2014-4), relating to invalidity proceedings between Carrefour Hypermarchés and All Star.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders All Star CV to pay the costs. |