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Case T-260/23: Judgment of the General Court of 26 June 2024 – Volvo Personvagnar v EUIPO (Shape of headlights) (EU trade mark – Application for a three-dimensional EU trade mark – Shape of headlights – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62023TA0260
62023TA0260
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Official Journal of the European Union
C series
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C/2024/4725
5.8.2024
(Case T-260/23)
(EU trade mark - Application for a three-dimensional EU trade mark - Shape of headlights - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(C/2024/4725)
Language of the case: Swedish
Parties
Applicant: Volvo Personvagnar AB (Gothenburg, Sweden) (represented by: H.-A. Odh and E. Esaiasson, lawyers)
Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, acting as Agent)
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 9 March 2023 (Case R 1129/2022-5).
Operative part of the judgment
The Court:
1.Finds that it is not necessary to adjudicate on the claim put forward by Volvo Personvagnar AB in respect of the confidential treatment of Annexes A.1 and A.3 to the application;
2.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 March 2023 (R 1129/2022-5);
3.Dismisses the action as to the remainder;
4.Orders EUIPO to pay the costs, including those incurred for the purposes of the proceedings before the Board of Appeal.
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Language of the case: Swedish.
ELI: http://data.europa.eu/eli/C/2024/4725/oj
ISSN 1977-091X (electronic edition)
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