Judgment — ECLI:EU:T:2019:210
Date: 2019-03-29
Language of the case: French
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

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) 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: 1. Dismisses the action; 2. Orders All Star CV to pay the costs. ____________ 1 OJ C 374, 6.11.2017.