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Case T-326/15: Order of the General Court of 20 April 2016 — Dima v EUIPO (Shape of a box consisting of two open cubes) (EU trade mark — Application for a three-dimensional EU trade mark — Form of a box consisting of two open cubes — 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)
ECLI:EU:UNKNOWN:62015TB0326
62015TB0326
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Official Journal of the European Union
C 222/21
(Case T-326/15) (*)
((EU trade mark - Application for a three-dimensional EU trade mark - Form of a box consisting of two open cubes - 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))
(2016/C 222/25)
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: initially A. Graul and A. Schikfo, then A. Graul and M. Fischer acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 April 2015 (Case R 2567/2014-5) concerning an application for registration of a three-dimensional sign consisting of the shape of a box composed of two open cubes 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.
(*)
OJ C 328, 5.10.2015.