Source: EURLEX
Language: en
Format: md

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| 18.1.2016 | EN | Official Journal of the European Union | C 16/36 |

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Judgment of the General Court of 25 November 2015 — Jaguar Land Rover v OHIM (Shape of a car)

(Case T-629/14)[(1)](#ntr1-C_2016016EN.01003601-E0001)

((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a car - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2016/C 016/44)

Language of the case: English

Parties

Applicant: Jaguar Land Rover Ltd (Coventry, United Kingdom) (represented by: F. Delord and R. Grewal, Solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 24 April 2014 (Case R 1622/2013-2) concerning an application for registration of a three-dimensional sign consisting of the shape of a car as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 April 2014 (Case R 1622/2013-2) in so far as it refused registration of the mark applied for as regards ‘vehicles for locomotion by air and water’ in Class 12; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders Jaguar Land Rover Ltd to bear its own costs and to pay nine-tenths of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |

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| 4. | Orders OHIM to bear one-tenth of its own costs. |

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