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Case T-691/17: Judgment of the General Court of 29 June 2018 — hoechstmass Balzer v EUIPO (Shape of a tape measure case) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a tape measure case — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0691
62017TA0691
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(Case T-691/17) (*1)
‘(EU trade mark — Application for a three-dimensional EU trade mark — Shape of a tape measure case — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)’
Language of the case: German
Parties
Applicant: hoechstmass Balzer GmbH (Sulzbach, Germany) (represented by: K. Zapfe, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 28 July 2017 (Case R 2331/2016-4), concerning an application for registration of a three-dimensional sign consisting of the shape of a tape measure case as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders hoechstmass Balzer GmbH to pay the costs.
*
(*1) OJ C 402, 27.11.2017.