CELEX: 62014TA0629
Language: en
Date: 2015-11-25 00:00:00
Title: Case T-629/14: Judgment of the General Court of 25 November 2015 — Jaguar Land Rover v OHIM (Shape of a car) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a car — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)

18.1.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 16/36
            
         Judgment of the General Court of 25 November 2015 — Jaguar Land Rover v OHIM (Shape of a car)
   (Case T-629/14) (1)
   
   ((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a car - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
   (2016/C 016/44)
   Language of the case: English
   
      Parties
   
   
      Applicant: Jaguar Land Rover Ltd (Coventry, United Kingdom) (represented by: F. Delord and R. Grewal, Solicitors)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 24 April 2014 (Case R 1622/2013-2) concerning an application for registration of a three-dimensional sign consisting of the shape of a car as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 April 2014 (Case R 1622/2013-2) in so far as it refused registration of the mark applied for as regards ‘vehicles for locomotion by air and water’ in Class 12;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders Jaguar Land Rover Ltd to bear its own costs and to pay nine-tenths of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
            
         
               4.
            
            
               Orders OHIM to bear one-tenth of its own costs.
            
         
      (1)  OJ C 361, 13.10.2014.