Judgment of the General Court (Third Chamber) 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’

1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Signs constituted exclusively by the shape of the product necessary for obtaining a technical result — Concept — Existence of other shapes allowing the same technical result to be obtained — Not relevant to the ground for refusal (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paras 17, 22)

2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Signs constituted exclusively by the shape of the product necessary for obtaining a technical result — Identification of the essential characteristics of a three-dimensional sign (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paras 25-26, 37-38)

3. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Registration contrary to Article 7(1)(e)(ii) of Regulation No 207/2009 — Three-dimensional mark in the shape of a knife handle (Council Regulation No 207/2009, Arts 7(1)(e)(ii) and 52(1)(a)) (see paras 28-33)

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

The Court:

1. Dismisses the action;

2. Orders Reddig GmbH to pay the costs.

Judgment of the General Court (Third Chamber) 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’

1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Signs constituted exclusively by the shape of the product necessary for obtaining a technical result — Concept — Existence of other shapes allowing the same technical result to be obtained — Not relevant to the ground for refusal (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paras 17, 22)

2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Signs constituted exclusively by the shape of the product necessary for obtaining a technical result — Identification of the essential characteristics of a three-dimensional sign (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paras 25-26, 37-38)

3. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Registration contrary to Article 7(1)(e)(ii) of Regulation No 207/2009 — Three-dimensional mark in the shape of a knife handle (Council Regulation No 207/2009, Arts 7(1)(e)(ii) and 52(1)(a)) (see paras 28-33)

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

The Court:

1. Dismisses the action;