Judgment of the General Court of 25 November 2014 — Simba Toys v OHIM — Seven Towns (Shape of a cube with surfaces that have a grid structure)
(Case T-450/09) 1
(Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Cube with surfaces having a grid structure — Absolute grounds for refusal — First sentence of Article 76(1) of Regulation (EC) No 207/2009 — Absence of sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation No 207/2009) — Absence of sign consisting exclusively of the shape which results from the nature of the goods themselves — Article 7(1)(e)(i) of Regulation No 40/94 (now Article 7(1)(e)(i) of Regulation No 207/2009) — Absence of sign consisting exclusively of the shape which gives substantial value to the goods — Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009) — Distinctive character — Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation No 207/2009) — Absence of descriptive character — Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Seven Towns Ltd (London, United Kingdom) (represented initially by M. Edenborough QC, and B. Cookson, Solicitor, and subsequently by K. Szamosi and M. Borbás, lawyers)
Re:
Action against the decision of the Second Board of Appeal of OHIM of 1 September 2009 (Case R 1526/2008-2) relating to cancellation proceedings between Simba Toys GmbH & Co. KG and Seven Towns Ltd.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Simba Toys GmbH & Co. KG to pay the costs.
________________________1 OJ C 11, 16.1.2010.