Judgment — ECLI:EU:T:2017:463
Date: 2017-07-04
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court of 4 July 2017 — Pirelli Tyre v EUIPO (A pair of curved strips positioned on the side of a tyre) (Case T-81/16) 1 (EU trade mark — Application for an EU trade mark consisting of a pair of curved strips on the side of a tyre — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Council Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76 of Regulation No 207/2009) Language of the case: English Parties Applicant: Pirelli Tyre SpA (Milan, Italy) (represented by: T.M. Müller and F. Togo, lawyers) Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 9 December 2015 (Case R 1019/2015-1) concerning an application for registration of a sign consisting of a pair of curved strips on the side of a tyre as an EU trade mark. Operative part of the judgment The General Court: 1. Dismisses the action; 2. Orders Pirelli Tyre SpA to pay the costs. ____________ 1 OJ C 156, 2.5.2016.