Judgment — ECLI:EU:T:2012:443
Date: 2012-09-19
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court of 19 September 2012 - Reddig v OHIM - Morleys (Knife handle) (Case T-164/11)  (Community trade mark - Proceedings for invalidity - Three-dimensional Community trade mark - Knife handle - Absolute ground for refusal - Sign constituted exclusively by the shape of the product necessary for obtaining a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 - Declaration of invalidity by the Board of Appeal) Language of the case: English Parties Applicant: Reddig GmbH (Drebber, Germany) (represented by: C. Thomas, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent) Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Morleys Ltd (Preston, United Kingdom) (represented by: A. Stein and M. Terbach, lawyers, and E. Gunaratnam, Solicitor) Re: Action brought against the decision of the Second Board of Appeal of OHIM of 15 December 2010 (Case R 1072/2009-2), concerning invalidity proceedings between Morleys Ltd and Reddig GmbH. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Reddig GmbH to pay the costs. ____________ 1 - OJ C 152, 21.5.2011.