Source: EURLEX
Language: en
Format: md

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| 26.8.2019 | EN | Official Journal of the European Union | C 288/49 |

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Judgment of the General Court of 28 June 2019 — Gibson Brands v EUIPO — Wilfer (Shape of a guitar body)

(Case T-340/18) [(1)](#ntr1-C_2019288EN.01004901-E0001)

(EU trade mark - Invalidity proceedings - EU three-dimensional mark - Shape of a guitar body - Absolute ground for refusal - Distinctive character - Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(2)(a) of Regulation (EU) 2017/1001) - Distinctive character acquired through use - Article 52(2) of Regulation No 207/2009 (now Article 59(2) of Regulation 2017/1001))

(2019/C 288/62)

Language of the case: English

Parties

Applicant: Gibson Brands, Inc. (Nashville, Tennessee, United States) (represented by: initially K. Hughes, Solicitor, and A. Renck and C. Stöber, lawyers, and subsequently A. Renck and C. Stöber)

Defendant: European Union Intellectual Property Office (represented by: P. Sipos and H. O’Neill, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Hans-Peter Wilfer (Markeneukirchen, Germany) (represented by O. Nilgen and A. Kockläuner, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 8 March 2018 (Case R 415/2017-2), relating to invalidity proceedings between Mr Wilfer and Gibson Brands.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Gibson Brands, Inc. to pay the costs. |

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