Source: EURLEX
Language: en
Format: md

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| 23.3.2020 | EN | Official Journal of the European Union | C 95/25 |

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Judgment of the General Court of 5 February 2020 — Hickies v EUIPO (Shape of a shoe lace)

(Case T-573/18) [(1)](#ntr1-C_2020095EN.01002502-E0001)

(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a shoe lace - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Protection of a right relating to an earlier design - Evidence submitted for the first time before the Court)

(2020/C 95/31)

Language of the case: English

Parties

Applicant: Hickies, Inc. (New York, New York, United States) (represented by: I. Fowler, Solicitor, and S. Petivlasova, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 June 2018 (Case R 2693/2017-5), relating to an application for registration of a three-dimensional sign consisting of the shape of a shoe lace as an EU trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Hickies, Inc. to pay the costs. |

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