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Document 62018TA0573

Case T-573/18: Judgment of the General Court of 5 February 2020 — Hickies v EUIPO (Shape of a shoe lace) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a shoe lace — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Protection of a right relating to an earlier design — Evidence submitted for the first time before the Court)

IO C 95, 23.3.2020, p. 25–26 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

23.3.2020   

EN

Official Journal of the European Union

C 95/25


Judgment of the General Court of 5 February 2020 — Hickies v EUIPO (Shape of a shoe lace)

(Case T-573/18) (1)

(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a shoe lace - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Protection of a right relating to an earlier design - Evidence submitted for the first time before the Court)

(2020/C 95/31)

Language of the case: English

Parties

Applicant: Hickies, Inc. (New York, New York, United States) (represented by: I. Fowler, Solicitor, and S. Petivlasova, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 June 2018 (Case R 2693/2017-5), relating to an application for registration of a three-dimensional sign consisting of the shape of a shoe lace as an EU trade mark.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Hickies, Inc. to pay the costs.


(1)  OJ C 408, 12.11.2018.


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