Дело T-***/**: *****************, Определение от **.**.2021 г.

Текст

... 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)

In Case T‑455/20,

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

applicant,

v

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

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

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

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 20 April 2020 (Case R 2385/2018‑2), relating to invalidity proceedings between Wallmax and Roxtec,

THE GENERAL COURT (Tenth Chamber),

composed of A. Kornezov, President, E. Buttigieg and G. Hesse (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 14 July 2020,

having regard to the response of EUIPO lodged at the Court Registry on 16 October 2020,

having regard to the response of the intervener lodged at the Court Registry on 12 October 2020,

makes the following

Order

Background to the dispute

1. On 11 November 2015, the applicant, Roxtec AB, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade ...