Provisional text
Order of the General Court (Seventh Chamber) of 20 April 2016 —
Dima v EUIPO (Shape of an open cubic box)
(Case T‑383/15)
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
1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 14)
2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment — Shape in question being a ‘variant’ of the habitual shapes of the type of products concerned — Fact not sufficient to establish distinctiveness of the mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15-18)
3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional mark in the shape of a box (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 19, 22, 23)
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
1. | | The action is dismissed. |
2. | | Dima Verwaltungs GmbH is ordered to pay the costs. |