Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... ircles – absolute ground of invalidity – 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 40/94 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001))

In Joined Cases T‑218/22 and T‑219/22,

Roxtec AB, established in Karlskrona (Sweden), represented by J. Olsson and J. Adamsson, lawyers,

applicant in Case T‑218/22,

Wallmax Srl, established in Milan (Italy), represented by F. Ferrari, L. Goglia and G. Rapaccini, lawyers,

applicant in Case T‑219/22,

v

European Union Intellectual Property Office (EUIPO), represented by E. Markakis, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court in Case T‑218/22, being

Wallmax, established in Milan, represented by F. Ferrari, L. Goglia and C. Rapaccini, lawyers,

and

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court in Case T‑219/22, being

Roxtec, established in Karlskrona, represented by J. Olsson and J. Adamsson, lawyers,

THE GENERAL COURT (Seventh Chamber),

composed of K. Kowalik-Bańczyk, President, E. Buttigieg and G. Hesse (Rapporteur), Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the written part of the procedure, in particular the decision of 26 August 2022 joining Cases T‑218/22 and T‑219/22 for the purposes of the oral part of the procedure and the decision closing the proceedings,

further to the hearing on 16 February 2023,

gives the following

Judgment

1. By their actions based on Article 263 TFEU, the applicant ...