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Case T-340/18: Judgment of the General Court of 28 June 2019 — Gibson Brands v EUIPO — Wilfer (Shape of a guitar body) (EU trade mark — Invalidity proceedings — EU three-dimensional mark — Shape of a guitar body — Absolute ground for refusal — Distinctive character — Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(2)(a) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 52(2) of Regulation No 207/2009 (now Article 59(2) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62018TA0340
62018TA0340
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26.8.2019
Official Journal of the European Union
C 288/49
(Case T-340/18) (*)
(EU trade mark - Invalidity proceedings - EU three-dimensional mark - Shape of a guitar body - Absolute ground for refusal - Distinctive character - Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(2)(a) of Regulation (EU) 2017/1001) - Distinctive character acquired through use - Article 52(2) of Regulation No 207/2009 (now Article 59(2) of Regulation 2017/1001))
(2019/C 288/62)
Language of the case: English
Parties
Applicant: Gibson Brands, Inc. (Nashville, Tennessee, United States) (represented by: initially K. Hughes, Solicitor, and A. Renck and C. Stöber, lawyers, and subsequently A. Renck and C. Stöber)
Defendant: European Union Intellectual Property Office (represented by: P. Sipos and H. O’Neill, Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Hans-Peter Wilfer (Markeneukirchen, Germany) (represented by O. Nilgen and A. Kockläuner, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 8 March 2018 (Case R 415/2017-2), relating to invalidity proceedings between Mr Wilfer and Gibson Brands.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Gibson Brands, Inc. to pay the costs.
(*)
Language of the case: English.
OJ C 249, 16.7.2018.
ECLI:EU:C:2019:140