Дело T-***/**: *****************, Определение от **.**.2023 г.

Текст

... band with transparent parallel slanted lines running through the three bands – Absolute ground for refusal – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law)

In Case T‑801/22,

3M Company, established in Saint Paul, Minnesota (United States), represented by T. de Haan and S. Vandezande, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by V. Ruzek, acting as Agent,

defendant,

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli (Rapporteur), President, V. Tomljenović and W. Valasidis, Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

makes the following

Order

1. By its action under Article 263 TFEU, the applicant, 3M Company, seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 October 2022 (Case R 1151/2018‑1) (‘the contested decision’).

Background to the dispute

2. On 6 March 2017, the applicant filed an application for registration of an EU trade mark with EUIPO in respect of the following figurative sign:

3. The EU trade mark application contained the following colour claim: ‘luminous yellow (RAL: 1026) and silver grey (RAL: 7001)’, as well as the following description: ‘the mark consists of two parallel luminous yellow bands and, in between, a silver-grey band, with transparent parallel slanted lines running through the three bands.’

...