CELEX: 62017TA0601
Language: en
Date: 2019-10-24 00:00:00
Title: Case T-601/17: Judgment of the General Court of 24 October 2019 — Rubik’s Brand v EUIPO — Simba Toys (Shape of a cube with surfaces having a grid structure) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a cube with surfaces having a grid structure — Absolute ground for refusal — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation 2017/1001) — Sign consisting exclusively of the shape of goods necessary to obtain a technical result — Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Second sentence of Article 75(1) of Regulation No 207/2009 (now the second sentence of Article 94(1) of Regulation 2017/1001) — Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001))

23.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 432/37
            
         
      Judgment of the General Court of 24 October 2019 — Rubik’s Brand v EUIPO — Simba Toys (Shape of a cube with surfaces having a grid structure)
      (Case T-601/17) (1)
      
      (EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a cube with surfaces having a grid structure - Absolute ground for refusal - Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation 2017/1001) - Sign consisting exclusively of the shape of goods necessary to obtain a technical result - Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation 2017/1001) - Second sentence of Article 75(1) of Regulation No 207/2009 (now the second sentence of Article 94(1) of Regulation 2017/1001) - Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001))
      (2019/C 432/42)
      Language of the case: English
      
         Parties
      
      
         Applicant: Rubik’s Brand Ltd (London, United Kingdom) (represented by: K. Szamosi and M. Borbás, lawyers)
      
         Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)
      
         Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl, lawyer)
      
         Re:
      
      Action brought against the decision of the First Board of Appeal of EUIPO of 19 June 2017 (Case R 452/2017-1) relating to invalidity proceedings between Simba Toys and Rubik’s Brand.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders Rubik’s Brand Ltd to pay the costs.
                  
               
            
         (1)  OJ C 374, 6.11.2017.