Order of the General Court of 20 April 2016 — Dima v EUIPO (Shape of an open cubic box)
(Case T-383/15) 1
(EU trade mark — Application for a three-dimensional EU trade mark — Form of an open cubic box — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law)
Language of the case: German
Parties
Applicant: Dima Verwaltungs GmbH (Hamburg, Germany) (represented by: T. Kerkhoff, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO) (represented by: A. Schikfo, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 27 March 2015 (Case R 2568/2014-5) concerning an application for registration of a three-dimensional sign consisting of the shape of an open cubic box as an EU trade mark.
Operative part of the order
1. The action is dismissed.
2. Dima Verwaltungs GmbH is ordered to pay the costs.
____________1 OJ C 328, 5.10.2015.