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Case T-395/14: Judgment of the General Court of 16 June 2015 — Best-Lock (Europe) v OHIM — Lego Juris (Shape of a toy figure) (Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Shape of a toy figure — Absolute grounds for refusal — 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 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62014TA0395
62014TA0395
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10.8.2015
Official Journal of the European Union
C 262/25
(Case T-395/14)(1)
((Community trade mark - Invalidity proceedings - Three-dimensional Community trade mark - Shape of a toy figure - Absolute grounds for refusal - 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 207/2009 - Bad faith - Article 52(1)(b) of Regulation No 207/2009))
(2015/C 262/33)
Language of the case: English
Parties
Applicant: Best-Lock (Europe) Ltd (Colne, United Kingdom) (represented by: J. Becker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Hanf and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Lego Juris A/S (Billund, Denmark) (represented by: V. von Bomhard, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2014 (Case R 1695/2013-4), concerning invalidity proceedings between Best-Lock (Europe) Ltd and Lego Juris A/S.
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders Best-Lock (Europe) Ltd to pay the costs.
OJ C 315, 15.9.2014.