Judgment of the General Court of 6 December 2023 – BB Services v EUIPO – Lego Juris (Shape of a toy figure)
(Case T-298/22) 1
(EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of a toy figure – Absolute grounds for invalidity – Sign consisting exclusively of the shape which results from the nature of the goods themselves – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(i) and (ii) of Regulation (EC) No 40/94 (now Article 7(1)(e)(i) and (ii) of Regulation (EU) 2017/1001))
Language of the case: German
Parties
Applicant: BB Services GmbH (Flörsheim am Main, Germany) (represented by: M. Krogmann, lawyer)
Defendant: European Union Intellectual Property Office (represented by: E. Nicolás Gómez and D. Hanf, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Lego Juris A/S (Billund, Denmark) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 March 2022 (Case R 1354/2021-5).
Operative part of the judgment
The Court:
Dismisses the action;
Orders BB Services GmbH to pay the costs.
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1 OJ C 257, 4.7.2022.