CELEX: 62018TA0573
Language: en
Date: 2020-02-05 00:00:00
Title: Case T-573/18: Judgment of the General Court of 5 February 2020 — Hickies v EUIPO (Shape of a shoe lace) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a shoe lace — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Protection of a right relating to an earlier design — Evidence submitted for the first time before the Court)

23.3.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/25
            
         
      Judgment of the General Court of 5 February 2020 — Hickies v EUIPO (Shape of a shoe lace)
      (Case T-573/18) (1)
      
      (EU trade mark - Application for a three-dimensional EU trade mark - Shape of a shoe lace - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Protection of a right relating to an earlier design - Evidence submitted for the first time before the Court)
      (2020/C 95/31)
      Language of the case: English
      
         Parties
      
      
         Applicant: Hickies, Inc. (New York, New York, United States) (represented by: I. Fowler, Solicitor, and S. Petivlasova, lawyer)
      
         Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)
      
         Re:
      
      Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 June 2018 (Case R 2693/2017-5), relating to an application for registration of a three-dimensional sign consisting of the shape of a shoe lace as an EU trade mark.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Hickies, Inc. to pay the costs.
               
            
         (1)  OJ C 408, 12.11.2018.