CELEX: 62009TA0450
Language: en
Date: 2014-11-25 00:00:00
Title: Case T-450/09: Judgment of the General Court of 25 November 2014 — Simba Toys v OHIM — Seven Towns (Shape of a cube with surfaces that have a grid structure) (Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Cube with surfaces having a grid structure — Absolute grounds for refusal — First sentence of Article 76(1) of Regulation (EC) No 207/2009 — Absence of sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation No 207/2009) — Absence of sign consisting exclusively of the shape which results from the nature of the goods themselves — Article 7(1)(e)(i) of Regulation No 40/94 (now Article 7(1)(e)(i) of Regulation No 207/2009) — Absence of sign consisting exclusively of the shape which gives substantial value to the goods — Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009) — Distinctive character — Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation No 207/2009) — Absence of descriptive character — Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009)

19.1.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 16/26
            
         
      Judgment of the General Court of 25 November 2014 — Simba Toys v OHIM — Seven Towns (Shape of a cube with surfaces that have a grid structure)
      (Case T-450/09) (1)
      
      (Community trade mark - Invalidity proceedings - Three-dimensional Community trade mark - Cube with surfaces having a grid structure - Absolute grounds for refusal - First sentence of Article 76(1) of Regulation (EC) No 207/2009 - Absence of sign consisting exclusively of the shape of goods which is necessary to obtain a technical result - Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation No 207/2009) - Absence of sign consisting exclusively of the shape which results from the nature of the goods themselves - Article 7(1)(e)(i) of Regulation No 40/94 (now Article 7(1)(e)(i) of Regulation No 207/2009) - Absence of sign consisting exclusively of the shape which gives substantial value to the goods - Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009) - Distinctive character - Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation No 207/2009) - Absence of descriptive character - Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) - Obligation to state reasons - First sentence of Article 75 of Regulation No 207/2009)
      (2015/C 016/42)
      Language of the case: English
      
         Parties
      
      
         Applicant: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl, lawyer)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
      
         Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Seven Towns Ltd (London, United Kingdom) (represented initially by M. Edenborough QC, and B. Cookson, Solicitor, and subsequently by K. Szamosi and M. Borbás, lawyers)
      
         Re:
      
      Action against the decision of the Second Board of Appeal of OHIM of 1 September 2009 (Case R 1526/2008-2) relating to cancellation proceedings between Simba Toys GmbH & Co. KG and Seven Towns Ltd.
      
         Operative part of the judgment
      
      The Court:
      
                  1)
               
               
                  Dismisses the action;
               
            
                  2)
               
               
                  Orders Simba Toys GmbH & Co. KG to pay the costs.
               
            
         (1)  OJ C 11, 16.1.2010.