Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Third Chamber) of 28 June 2016 —

Peri v EUIPO (Shape of a formwork coupler)

(Case T‑656/14)

‛EU trade mark — Application for three-dimensional EU trade mark — Shape of a formwork coupler — Absolute ground for refusal — Sign consisting exclusively of the shape of the product required to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009’

| 1. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result — Concept — Interpretation in the light of the public interest underlying each of them (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paras 14-16) |

| 2. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods which is necessary to obtain 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 17, 18) |

| 3. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result — Shape of a formwork coupler (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paras 20, 27, 32-34, 37) |

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 26 June 2014 (Case R 1178/2013-1), concerning an application for registration of a three-dimensional sign consisting of the shape of a formwork coupler as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Peri GmbH to pay the costs. |

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