Source: EURLEX
Language: en
Format: md

Order of the General Court (Seventh Chamber) of 20 April 2016 —

Dima v EUIPO (Shape of a box consisting of two open cubes)

(Case T‑326/15)

‛EU trade mark — Application for a three-dimensional EU trade mark — Form of a box consisting of two open cubes — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law’

| 1. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 14) |

| 2. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment — Shape in question being a ‘variant’ of the habitual shapes of the type of products concerned — Fact not sufficient to establish distinctiveness of the mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15-18) |

| 3. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional mark consisting of the shape of a box (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 19, 22, 23) |

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 20 April 2015 (Case R 2567/2014-5) concerning an application for registration of a three-dimensional sign consisting of the shape of a box composed of two open cubes as an EU trade mark.

Operative part

| 1. | The action is dismissed. |

| 2. | Dima Verwaltungs GmbH is ordered to pay the costs. |

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