CELEX: 62017TA0307
Language: en
Date: 2019-06-19 00:00:00
Title: Case T-307/17: Judgment of the General Court of 19 June 2019 — adidas v EUIPO — Shoe Branding Europe (Representation of three parallel stripes) (EU trade mark — Invalidity proceedings — EU figurative mark representing three parallel stripes — Absolute grounds for invalidity — No distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation (EC) No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) — Form of use unable to be taken into account — Form that differs from the form under which the mark has been registered by significant variations — Inversion of the colour scheme)

26.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/46
            
         
      Judgment of the General Court of 19 June 2019 — adidas v EUIPO — Shoe Branding Europe (Representation of three parallel stripes)
      (Case T-307/17) (1)
      
      (EU trade mark - Invalidity proceedings - EU figurative mark representing three parallel stripes - Absolute grounds for invalidity - No distinctive character acquired through use - Article 7(3) and Article 52(2) of Regulation (EC) No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) - Form of use unable to be taken into account - Form that differs from the form under which the mark has been registered by significant variations - Inversion of the colour scheme)
      (2019/C 288/58)
      Language of the case: English
      
         Parties
      
      
         Applicant: adidas AG (Herzogenaurach, Germany) (represented by: I. Fowler and I. Junkar, Solicitors)
      
         Defendant: European Union Intellectual Property Office (represented by: M. Rajh and H. O’Neill, Agents)
      
         Other party to the proceedings before the Board of Appeal of EUIPO: Shoe Branding Europe BVBA (Oudenaarde; Belgium) (represented by: J. Løje, lawyer)
      
         Re:
      
      Action brought against the decision of the Second Board of Appeal of EUIPO of 7 March 2017 (Case R 1515/2016-2), relating to invalidity proceedings between Shoe Branding Europe and Adidas.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders adidas AG to pay, in addition to its own costs, the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Shoe Branding Europe BVBA;
                  
               
            
                  3.
               
               
                  
                     Orders Marques to bear its own costs.
                  
               
            
         (1)  OJ C 231, 17.7.2017.